ILLINOIS 
PRIMARY 
ELECTION 
□ LAWS n 


IN FORCE 
JULY 1, 1910 


PRIMARY ELECTION 
SEPTEMBER 15, 1910 






• • 






























V.* 


























<5> 


Illinois Primary 
Election Laws 


IN FORCE 
JULY 1, 1910 


AN ACT 


TO PROVIDE FOR THE HOLDING OF 
PRIMARY ELECTIONS BY 
POLITICAL PARTIES 


AN ACT 


TO PROVIDE FOR THE HOLDING OF PRIM¬ 
ARY ELECTIONS BY POLITICAL PARTIES 
FOR THE NOMINATION OF MEMBERS 
OF THE GENERAL ASSEMBLY AND 
THE ELECTION OF SENA¬ 
TORIAL COMMITTEEMEN 


PRIMARY ELECTION 
September 15, 1910 



ILLINOIS PRINTING CO., DANVILLE, ILL. 


19 10 




INDEX. 



Page 

Affidavit— of voter and witness. 38 

Aldermen— under minority representation. 12 

Ballot Box— care and custody. 31 

what used. 17 

Ballots— canvass of.42, 73 

color, size, etc. 27 

defective, objected to, etc.42, 73 

delivery to judges, receipt. 30 

extra for emergency. 31 

for general election. 50 

form, how endorsed, etc.27, 45, 71 

how marked.40, 73 

how printed.26, 71 

how voted and preserved.41, 46, 73 

specimen. 29 

Board of Election Commissioners— 

duties.46, 52,71 

Booths— provisions concerning. 16 

Bribery— term defined, penalty. 56 

Candidates— certificate of nomination or 

election.48, 50, 74 

contests regulated. 53 

independent nominations by petition. . .55, 75 
names on ballot, order, etc... 19, 26, 50, 71 

nominations by plurality vote. 49 

petition, form, filing, etc.19, 69 

tie vote, how decided. 49 

under minority representation.12, 65 

vacancies filled by committee. 52 

what nominated...1, 65 

withdrawal (7).25, 70 

Canvass of Ballots— how conducted.42, 7 3 

offenses and penalties. 60 

Canvass of Returns— how conducted.. . .46, 74 
offenses and penalties. 61 

Certificates— names to county clerk. .26, 50, 70 

of nomination and election.48, 74 

to poll book.18, 44 

Challengers— who to act. 16 

Clerks— canvass of returns.46, 48, 74 

offenses and penalties.60-62 

primary, oath.14, 15 

officers of county court. 15 

payment. 16 

who to act. 14 

to announce color of ballots, etc. 27 

to give notice of primary.12, 52 

to prepare ballots.26, 50, 71 


11 


AUG I'l 1910 

fc&f & 














































Page 

Committeemen— election.1.7,69 

precinct, blank on ballot for name.29, 41 

to appoint challengers. 16 

senatorial. 65 

Committees— central or managing. 7 

composition, organization, powers, etc. ... 7, 67 

existing recognized..9, 69 

vacancies filled by. 52 

Conventions— call, date, organization, etc.9-11 
Dates— announcement of color of ballots, etc 27 
certifying names to county clerk. . . . .26, 51, 70 

deciding tie vote. 49 

delivery of ballots.30, 31 

filing call for convention (e) . 11 

filing contest notice and hearing. 53 

filing petition for nomination.24, 70 

filing resolution under minority represen¬ 
tation.12,72 

filing revocation of signature to petition. . 22 

filing withdrawal of candidate (7).25, 70 

holding conventions...9-11 

holding regular and special primary. .5, 52, 66 
issuing certificate to nominee or commit¬ 
teeman.48, 74 

issuing notice of primary.12. 52 

making returns of primary.46, 74 

meeting and organization of committee.. . 7 

posting specimen ballots. 29 

preserving ballots.42, 46, 74 

; ! Definitions— words and phases.2, 4, 57, 66 

Delegates— how chosen.... . 10 

*■» Expenses— payment. 18 

Forms— affidavit of voter and witness. 38 

ballots..27, 45, 71 

certificate to county clerk.. .26, 51, 70 

contest petition. 53 

convention call... 9 

notice of election.12, 52 

oath of judge and clerk. 14 

petition of candidate.20, 70 

poll book.18, 45 

tally sheet. 19 

Judges— oath. 14 

offenses and penalties.59-62 

officers of county court. 15 

payment. 16 

to canvass ballots. 42-46, 73 

to fill vacancies. 13 

who to act.13, 14 

Liquor— offenses and penalties. 55 

Minority Representation— alderman and 
representative.11, 65 

iii 















































Nominations— see “Candidates” Page 

Notices— contest..'■. 53 

primary, regular and special.12, 52 

Oath— judge and clerk. 14 

Offenses and Penalties— betting. 58 

bribery. .56,57 

canvassing returns..61, 62 

clerks...60, 62 

disclosing how elector voted. 60 

disorderly conduct. 58 

electioneering near polls. 16 

false swearing.23, 56 

illegal voting. 56 

judges.59-62 

liquor selling, etc. 55 

Perjury— false swearing deemed.23, 56 

Petitions— see “Candidates” 

Political Party— existing committees (8).9. 69 

term defined.2, 66 

total vote, how determined. 4 

Poll Doors— false entries. 62 

form, certificate, etc.18, 45 

Polls— adiournment prohibited. 42 

opening and closing.6, 31 

place of holding. 5 

Repeal— acts of 1889, 1898, 1899 and 1908 63 

Representative in General Assembly— 
provisions concerning. 65 

Returns of Election— how made and can¬ 
vassed .46, 74 

Secretary of State— certificate to county 

clerk..26, 51, 70 

certificate to nominee or committeeman. . 48 

Special Election— provisions concerning. . 52 

Supplies— how furnished. 18 

Tally Sheets— foim. 19 

Tie Vote— how decided. 49 

United States Senator— petition, etc. ... 19 

Vacancies— committee to fill. 52 

judges to fill. 13 

special election, when necessary. 52 

Voter— affidavit of challenged. 38 

assistance. 41 

bribery, illegal voting, etc.56, 57, 60 

leave of absence. 6 

party affiliation to be stated. 37 

qualifications. 31 

revoking signature to petition. 22 


Words and Phrases —how construed.2, 4, 57, 66 


IV 








































GENERAL 

PRIMARY ELECTION LAW 


An Act to Provide for the Holding 
of Primary Elections by Political 
Parties. [Approved March 9, 1910. 
In Force July 1, 1910.] 


Section 1. [What Candidates Nomi¬ 
nated— Committeemen—Exemptions 
—Proviso ] Be it enacted by the People 
of the State of Illinois represented in the 
General Assembly: The Domination of 
all candidates for all elective State, Con¬ 
gressional, county, city and village (in¬ 
cluding officers of the Municipal Court 
of Chicago). town and iudicial officers, 
members of the State Board of Equali¬ 
zation, clerks of the Appellate Courts, 
trustees of sanitary districts, and for the 
election of precinct, and State Central 
Committeemen, by all political parties, 
as defined by section 2 of this Act, shall 
be made in the manner provided in this 
Act. and not otherwise: Provided, this 
Act shall not apply to the nomination 
of candidates for electors of President 
and Vice President of the United States, 
and trustees of the University of Illi¬ 
nois: And, provided , further, that this 

Act shall not apply to township and 
school elections. 

The name of no person, nominated by 
a party required hereunder to make 
nominations of candidates, shall be 
placed upon the official ballot to be 


1 




voted at the"election to be held the first 
Tuesday after the first Monday in the 
month of November, A. D. 1910, as a 
candidate for any office, when provision 
is made herein for nominating candidates 
for such office, except President and Vice 
President of the United States, unless 
such person shall have been nominated 
for such office under the provisions of 
this Act, and all nominations made 
prior to July 1, A. D. 1910, of candi¬ 
dates for any such office to be voted for 
at said election are hereby declared of 
no effect and no nomination for any 
such office made prior to July 1. A. D. 
1910, shall entitle any person, so nomi¬ 
nated to have his name placed upon the 
official ballot to be voted at said election. 

Sec. 2. [Political Party Defined.1 
A political party, which at the general 
election for State and county officers 
then next preceding a primary, polled 
more than 2 per cent of the entire vote 
cast in the State, is hereby declared to 
be a political party within the State, and 
shall nominate all candidates provided 
for in this Act under the provisions 
hereof. 

A political party, which at the general 
election for State and county officers 
then next preceding a primary, cast 
more than 2 per cent of the entire vote 
cast within any Congressional district, 
is hereby declared to be a political party 
within the meaning of this Act, within 
such Congressional district, and shall 
nominate its candidates for Representa¬ 
tive in Congress and for member of the 
State Board of Equalization within said 
district, under the provisions hereof. 


A political party, which at the general 
election for -State and county officers 
then next preceding a primary, cast 
more than 2 per cent of the entire vote 
cast in any county, is hereby declared 
to be a political party within the mean¬ 
ing of this Act, within said county, and 
shall nominate all county officers in said 
county under the provisions hereof. 

A political party, which at the general 
election for city and village officers then 
next preceding a primary, cast more 
than 2 per cent of the entire vote cast 
in any city or village, is hereby de¬ 
clared to be a political party within the 
meaning of this Act, within said city or 
village, and shall nominate all city or 
village officers in said city or village 
under the provisions hereof. 

A political party, which at the gen¬ 
eral election for town officers then next 
preceding a primary, cast more than 2 
per cent of the entire vote cast in said 
town, is hereby declared to be a political 
party within the meaning of this Act, 
within said town, and shall nominate all 
town officers in said town under the pro¬ 
visions hereof. 

A political party which at the general 
election in any other municipality or 
political subdivision, except townships 
and school districts, for municipal or 
other offices therein, then next pre¬ 
ceding a primary, cast more than 2 per 
cent of the entire vote cast in such muni¬ 
cipality or political subdivision, is here¬ 
by declared to be a political party with¬ 
in the meaning of this Act, within said 
municipality or political subdivision, 
and shall nominate all municipal or other 
officers therein under the provisions 
hereof. 


3 



Sec. 3. [Party Vote — How De¬ 
termined.] In determining the total 
vote of a political party, whenever re¬ 
quired by this Act, the test shall be the 
total vote cast by such political party 
for its candidate who received the great¬ 
est number of votes. 

Sec. 4. [Words and Phrases.] The 
following words and phrases in this Act 
shall, unless the same be inconsistent 
with the context, be construed as fol¬ 
lows: 

1. The word “primary,” the primary 
election provided for in this Act. 

2. The word “election,” a general 
election, as distinguished from a special 
election or a primary election. 

3. The word ‘‘precinct,” a voting dis¬ 
trict heretofore or hereafter established 
by law within which all qualified elec¬ 
tors vote at one polling place. 

I 4. The words “State offices,” or 
“State officer,” an office to be filled, or 
an officer to be voted for, by qualified 
electors of the entire State. 

5. The words “congressional office” 
or “congressional officer,” Representa¬ 
tives in Congress and members of the 
State Board of Equalization 

6. The words “judicial office” or 
“judicial officer,” judges of the Supreme 
and Circuit courts and judges of the 
Superior Court of Cook county 

7. The words “county office” or 
“county officer,” an office to be filled 
or an officer to be voted for, by the quali¬ 
fied electors of the entire county; mem¬ 
bers of the board of assessors and county 
commissioners of Cook county. 


4 



8. The words “city office” and “vil¬ 
lage office,” or “city officer” and “vil¬ 
lage officer,” an office to be filled or an 
officer to be voted for by the qualified 
electors of the entire city or village, as 
the case may be, including aldermen. 

9. The words “town office” or “town 
officer,” an office to be filled or an officer 
to be voted for by the qualified electors 
of an entire town. 

10. The word “town” as used in this 
Act shall be construed to mean an in¬ 
corporated town. 

Sec. 5. [Polling Places.] The pri¬ 
mary herein provided for shall be held 
at the regular polling places now estab¬ 
lished, or which may hereafter be estab¬ 
lished, for the purposes of a general elec¬ 
tion. 

Sec. 6. [Dates of Primaries.] A 
primary shall be held on the second 
Tuesday in April in every year except 
the year A. D. 1910. in which year a pri¬ 
mary shall be held on the 15 th day of 
September. A. D 1910, in which officers 
are to be voted for on the first Tuesday 
after the first Monday in November of 
such year, for the nomination of candi¬ 
dates for such offices as are to be voted 
for at such November election, and 
shall be known as the April primary: 
Provided, however , that whenever in this 
Act the term “April Primary,” or 
equivalent words, shall appear, such 
term or such words shall be construed, 
as to the primary held in September, 
A. D. 1910, to refer to and govern such 
primary so held in September, A. D. 
1910. 


5 






A primary shall be held on the second 
Tuesday in April in any year in which 
judges of the Supreme Court, judges of 
the Circuit Court, and judges of the 
Superior Court of Cook county, or any 
of them, are to be elected at an election 
to be held on the first Monday of June 
of such year for the nomination of can¬ 
didates for such offices respectively. 

A primary shall be held on the lafst 
Tuesday in February in each year for 
the nomination of such officers as are 
to be voted for on the first Tuesday in 
April of such year. 

A primary shall be held on the second 
Tuesday in March in each year for the 
nomination of such officers as are to be 
voted for on the Third Tuesday in April 
of such year. 

A primary for the nomination for all 
other officers, nominations for which’are 
required to be made under the provisions 
of this Act, shall be held three weeks 
preceding the date of the general elec¬ 
tion for such offices respectively. 

The polls shall be open from 6:00 
o’clock a m. to 5:00 o’clock p. m. 

Sec. 7. [Voter’s Leave of Ab¬ 
sence.] Any person entitled to vote 
at such primary shall, on the day of such 
primary, be entitled to absent himself 
from any service or employment in 
which he is then engaged or employed 
for a period of two hours between the 
time of opening and closing the polls, 
and such primary elector shall not, be¬ 
cause of so absenting himself, be liable to 
any penalty nor shall any deduction be 
made on account of such absence from 
his usual salary or wages: Provided , 
however, that applications for such leave 


6 


of absence shall be made prior to the 
■ day ^ of primary. The employer may 
specify the hours during which said em¬ 
ploye may absent himself. 

• Sec. 8. [Committees—Central or 
Managing.] The following committees 
shall constitute the central or managing 
committees of each political party, viz: 

A State central committee; a con¬ 
gressional committee for each congres¬ 
sional district; a county central com¬ 
mittee for each county; a city central 
committee for each city or village; and a 
precinct committee for each precinct; 
Provided , however , that nothing herein 
contained shall prevent a political party 
from electing or appointing in accord¬ 
ance with its practice other committees. 

Sec. 9. [Committees — Compoci- 
tion — Organization — Powers, Etc] 

(1) [State Central Committee.] The 
State central committee shall be com¬ 
posed of one member from each con¬ 
gressional district in the State, and shall 
be elected as follows: 

At the September primary held in the 
year A. D. 1910, and at the April pri¬ 
mary held every two years thereafter, 
each primary elector may vote for one 
candidate of his party for member of the 
State central committee for the con¬ 
gressional district in which he resides. 
The State central committee of each 
political party shall be composed of 
members elected from the several con¬ 
gressional districts of the State as herein 
provided, and of no other person or per¬ 
sons whomsoever. The members of the 
State central committee shall, within 
thirty days after their election, meet in 

7 





the city of Springfield, and organize by 
electing from among their number a 
chairman and may at such time elect 
such other officers from among their 
own number or otherwise, as they may 
deem necessary or expedient. The 
outgoing chairman of the State central 
committee of the party shall, ten days 
before the meeting, notify each member 
of the State central committee elected 
at the primary of the time and place of 
such meeting. 

(2) [Precinct Committeeman.] At 
the September primary held in Septem¬ 
ber, A. D. 1910,' and at the April pri¬ 
mary held every two years thereafter, 
each primary elector may write or at¬ 
tach in the space left on the primary 
ballot for that purpose the name of one 
qualified primary elector of his party in 
the precinct for member of his political 
party precinc ‘ committee. The one hav¬ 
ing the highest number of votes shall be 
such committeeman of such party for 
such precinct. In case of a tie the pri¬ 
mary judges shall cast lots. The official 
returns of the primary judges shall show 
the name and address of the committee¬ 
man of each political party. 

(3) [County Central Committee.] 
The county central committee of each 
political party shall consist of the mem¬ 
bers of the various precinct committees 
of such party in the county. 

(4) [Congressional Committee.] 
The congressional committees of each 
political party shall be composed of the 
chairmen of the county central com¬ 
mittees of the counties composing the 
congressional district, excepting that in 
congressional districts wholly within the 


8 



territorial limits of one county, or partly 
within the territorial limits of one county 
and partly within the territorial limits of 
another county, then the members of 
the precinct committees of the party 
residing within the limits of the congres¬ 
sional district shall compose the con¬ 
gressional committee. 

(5) [City Central Committee.] The 
city central committee of each political 
party shall be composed of the precinct 
committeemen of such party residing in 
such city. 

(6) [Powers and Duties of Com¬ 
mittees.] Each committee and its 
officers shall have the powers usually 
exercised by such committees and by 
the officers thereof, not inconsistent with 
the provisions of this Act. The several 
committees herein provided for shall not 
have power to delegate any of their 
powers or functions to any other person, 
officer or committee, but this shall not 
be construed to prevent a committee 
from appointing from its own member¬ 
ship, proper and necessary sub-com¬ 
mittees, and particularly defining, by 
resolution, the duties of such sub-com¬ 
mittees. 

(7) [Existing Party Committees 
Recognized.] The various political 

committees now in existence are 



hereby recognized and shall exercise the 
powers and perform the duties herein 
prescribed until committeemen are 
chosen, in accordance with the pro¬ 
visions of this Act. 

Sec. 10. [Convention Dates—Or¬ 
ganization—Delegates—Call, Etc.] 
(a) [County Conventions.] On the 


Q 


first Monday next succeeding the April 
primary, the county central committee 
of each political party shall meet at the 
county seat of the proper county and 
proceed to organize by electing from 
among its own number a chairman and 
either from among its own number, or 
otherwise, such other officers as said 
committee may deem necessary or ex¬ 
pedient. Such meeting of the county 
central committee shall be known as the 
county convention. The county con¬ 
vention of each political party shall 
choose delegates to the Congressional 
and State convention of its party: Pro¬ 
vided, only precinct committeemen re¬ 
siding within the limits of a Congres¬ 
sional district shall participate in the 
selection of delegates to a Congressional 
convention: And, provided, further, 

that in the county convention that each 
delegate to the county convention shall 
have one vote and one additional vote 
for each fifty or major fraction thereof 
of his party as cast in his precinct at the 
last general election. 

(b) [Congressional Conventions.] 
All Congressional conventions shall be 
held on the first Wednesday after the 
first Monday next succeeding the April 
primary. The Congressional conven¬ 
tion of each political party shall have 
power to choose and select delegates and 
alternate delegates to national nominat¬ 
ing conventions, and to recommend to 
the State convention of its party the 
nomination of candidate or candidates 
from such Congressional district for 
elector or electors of President and Vice- 
President of the United States. 

(c) [State Conventions.] All State 
conventions shall be held on the first 

10 


Friday after the first Monday next 
succeeding the April primary. The 
State convention of each political party 
shall have power to make nominations 
of candidates for the electors of Presi¬ 
dent and Vice President of the United 
States, and for trustees of the Univer¬ 
ity of Illinois, and to adopt any party 
platform, and to choose and select in 
accordance with the rules and regula¬ 
tions of its party delegates and alternate 
delegates to national nominating con¬ 
ventions. 

(d} [Functions of Convention.] 
Each convention may perform all other 
functions inherent to such political 
organization and not inconsistent with 
this Act. 

(e) [Calls for Convention—Fil¬ 
ing—Form.] At least thirty-three (33) 
days before the April primary the State 
and Congressional committee, respec¬ 
tively, of each political party shall file 
in the office of the county clerk in each 
county of the State, or in each county of 
the Congressional district, a call for the 
State and Congressional conventions. 
Said call shall state, among other things, 
the time and place (designating the 
building or hall) for holding the State 
and Congressional conventions, re¬ 
spectively, the total number of delegates 
which shall compose each of said con¬ 
ventions, and the call for State conven¬ 
tions shall state, among other things, 
the number of delegates to which each 
county is entitled in the State conven¬ 
tion; and the call for the Congressional 
convention shall state, among other 
things, the number of delegates to 
which each county or political subdi¬ 


ll 


vision of any county, as the case may be, 
is entitled to in the Congressional con¬ 
vention. Such call shall be signed by 
the chairman and attested by the secre¬ 
tary of the respective committees. 

Sec. 11. [Aldermen under Minor¬ 
ity Representation.] In cities which 
have adopted minority representation 
in the city council, the city central com¬ 
mittee shall, at least thirty (30) days 
prior to the date of the primary, by 
resolution, fix and determine the num¬ 
ber of candidates for alderman in each 
of the wards of their city to be nomina¬ 
ted by their party at the primary for the 
nomination of candidates for city offices. 

A copy of said resolutions, duly certi¬ 
fied by the chairman and attested by the 
secretary, shall, within two days there¬ 
after, be filed in the office of the city 
clerk. 

In all primaries for the nomination of 
candidates for alderman under minor¬ 
ity representation, each qualified minor¬ 
ity elector may cast as many votes for 
one candidate as there are candidates to 
be nominated, or may distribute the 
same, or equal parts thereof, among the 
candidates for nomination as he shall 
see fit, and the candidate for nomination 
highest in votes shall be declared nomi¬ 
nated. 

W Sec. 12. [Notice of Primary— 
Duty of Clerks.] At least twenty (20) 
days before each primary the county 
clerk of each county, or the city, village 
or town or other clerk, whose duty it is to 
give notice of general elections under 
the general election laws of this State, 
for the election^of officers whose nomi- 


12 


nation is required to be^made'under^the 
provisions of this Act, shall prepare in 
the manner provided in the general elec¬ 
tion laws of this State, a notice of such 
primary, which notice shall state the 
time and place of holding the primary, 
the hours during which the polls will 
be open, the offices for which candidates 
will be nominated at such primary and 
the political parties entitled to partici¬ 
pate therein. Such notices shall be 
posted at least fifteen (15) days prior to 
the primary by the same authorities 
and in the same manner as notices of 
election under the general election laws 
are required to be posted. 

Sec. 13. [Judges of Primary.] The 
judges of general elections for State and 
county officers, for city and village 
officers and for town and other munici¬ 
pal officers, are hereby constituted 
respectively the judges of primary elec¬ 
tions in their respective precincts, under 
the provisions of this Act. 

Sec. 14. [Judges Hold Over.] It is 
hereby made the duty of the respective 
judges of general elections to act as 
judges of primary elections in their 
respective precincts until their succes¬ 
sors, as judges of general elections, are 
duly appointed and qualified. 

Sec. 15. [Judges'Absent, Etc.—Va¬ 
cancies.] If, at the time for opening ol 
a primary, one of the primary judges 
be absent, or refuse to act, the judges 
present shall appoint some qualified pri¬ 
mary elector of the precinct to act in his 
place. If two of the primary judges be 
absent or refuse to act, the judges pres¬ 
ent shall fill the vacancies^in the^same 

(2) 13 


manner, as above provided .J |If all three 
of the primary judges be absent, or re¬ 
fuse to act, the primary electors present, 
who reside in the precinct, shall select 
three of their number to act as primary 
judges. The judges so selected and 
appointed shall take the same oath, have 
the same powers, and perform the same 
duties and be subject to the same penal¬ 
ties as regularly constituted ^election 
judges. 

Sec. 16.T 7 [Clerks of Primary.]]! The 
primary judges in each precinct, except 
in cities having a board of election com¬ 
missioners, shall select three qualified 
primary electors of said precinct to act 
as primary clerks, who shall continue 
to serve during the pleasure of said pri¬ 
mary judges; but no more than two per¬ 
sons of the same political party shall be 
chosen primary clerks in the same pre¬ 
cinct. 

In cities having a board of election 
commissioners, the regularly appointed 
clerks of election shall act as clerks of 
the primary in their respective pre- 
cincts.Sf 

Sec. 17. [Oath of Judges and 
Clerks—Form — Liability.] Previous 
to any vote being taken, the primary 
judges and clerks shall severally sub¬ 
scribe and take an oath or affirmation 
in the following form, to-wit: 

“I do solemnly swear (or affirm, as 
the case may be), that I will support the 
Constitution of the United States and 
the Constitution of the State of Illinois, 
and will faithfully and honestly dis¬ 
charge the duties of primary judge (or 
clerk, as the case may be), according to 


jthe'best of my ability, and'that I have 
presided in this State for one year, in this 
-county for ninety days, and in this pre¬ 
cinct thirty days next preceding this 
primary, and am entitled to vote at this 
primary.” 

All persons subscribing the oath as 
aforesaid, and all persons actually 
serving as primary judges and clerks, 
whether sworn or not, shall be deemed 
to be and are hereby declared to be offic¬ 
ers of the county court of their respec¬ 
tive counties; and such persons shall be 
liable to punishment by such court in a 
proceeding for contempt for any mis¬ 
behavior as such primary judges or 
clerks, to be tried in open court, on oral 
testimony, in a summary manner, with¬ 
out written pleadings, but such trial, or 
punishment for contempt of court, shall 
not be any bar to any criminal proceed¬ 
ings against such primary judges or 
clerks for any violation of this Act. 

Sec. 18. [Oath of Judges and 
Clerks—Administration.] In case 

there shall be no justice of the peace or 
notary public present at the opening of a 
primary, or in case such justice of the 
peace or notary public shall be appoint¬ 
ed one of the primary judges or clerks, 
it shall be lawful for the primary judges 
to administer the oath or affirmation to 
each other, and to the primary clerks. 

Sec. 19. [Judges and Clerks— 
Powers and Duties.] The primary 
judges and clerks, except as otherwise 
provided in this Act, shall perform the 
same duties, have the same powers, and 
be subject to the same penalties as judges 
and clerks of general elections, under the 
election laws of this State. 

15 


Sec. 20. [Judges and Clerks—Pay.] 
Primary judges and clerks shall receive 
the same pay, and shall be paid by the 
same authorities and in the same man¬ 
ner as judges and clerks'^under thejelec- 
tion’Jaws of thisJState./ 

_]SecT21.' [Challengers.] Thefpre¬ 
cinct committeeman of each party may 
appoint in writing over his signature 
two party agents or representatives, 
with an alternate for each, who shall act 
as challengers for their respective 

f )arties, for said precinct. Such chal- 
engers shall be protected in the dis¬ 
charge of their duties by the primary 
judges and peace officers and shall be 
permitted to remain -within the polling 
place in such position as will enable 
them to see each person as he offers his 
vote, and said challengers may remain 
within the polling place throughout the 
canvass of the vote and until the returns 
are signed. All challengers shall be 
qualified primary electors in their re¬ 
spective precincts and shall have the 
same power as challengers at general 
elections: Provided, that until precinct 
committeemen are elected hereunder, 
the county central committee of each 
party in the respective counties shall 
designate said challengers. 

Sec. 22. .Booths—Electioneering 
Prohibited.] All officers upon whom 
is imposed by law the duty of designat¬ 
ing and providing polling places for 
general elections, shall provide in each 
such polling place so designated and 
provided, a sufficient number of booths 
for such primary election, which booths 
shall|bejprovided withjshelvesjfsuch 


supplies and pencils^ as will enable^the 
voter to prepare his ballot for voting and 
in which voters may prepare their bal¬ 
lots screened frorp all observation as to 
the manner in which they do so; and the 
guard rail shall be so constructed and 
placed that only such persons as are in¬ 
side said rail can approach within six 
feet of the ballot box and of such voting 
booths. The arrangement shan be such 
that the voting booths can only be 
reached by passing within said rail. 
Such booths shall be within plain view 
of the election officers and both they and 
the ballot boxes shall be within plain 
view of those outside the guard rail. 
No person other than the election offi¬ 
cers and the challengers allowed by law 
and those admitted for the purpose of 
voting, as hereinafter provided, shall be 
permitted within the guard rail, except 
by authority of the primary officers to 
keep order and enforce the law. 

The number of such voting booths 
shall not be less than one to every 
seventy-five voters or fraction thereof, 
who voted at the last preceding election 
in the precinct or election district. 

No person whatever shall do any 
electioneering or soliciting of votes on 
primary day within any polling place or 
within one hundred feet of any polling 
place. 

Sec. 23/¥ [Ballot Boxes. 1 Primary 
ballot boxes shall be furnished by the 
same authorities and in the same man¬ 
ner and shall be of the same style and 
description as ballot boxes furnished 
for the purpose of general elections, 
under the generalJelection|laws of this 
State. 


17 


Sec. 24. [Supplies.] All necessary 
primary poll books, tally sheets, return 
blanks, stationery and other necessary 
primary supplies shall be furnished by 
the same authorities upon whom is im¬ 
posed by law the duty of furnishing 
such supplies at general elections. 

Sec. 25. [Expenses.] The expense of 
conducting such primary, including the 
per diem of judges and clerks, furnish¬ 
ing, warming, lighting and maintaining 
the polling place, and all other expenses 
necessarily incurred in the preparation 
for or conducting such primary shall be 
paid in the same manner, and by the 
same authorities or officers respectively 
as in the case of elections. 

Sec. 26. [Poll Books—Form — Cer¬ 
tificates.] The primary poll books 
shall be substantially in the following 
form: 

PRIMARY POLL BOOKS. 

Of the primary held in the. 


precinct of the county of.on the 

.day of.A. D. 


Name of Voter 

Resi¬ 

dence, 

Street 

and 

Number 

Party Affiliation 

Republi¬ 

can 


Prohibi¬ 

tionist 

Social¬ 

ist 


1. John Jones 

2. Richard Smith 

3. John Doe 

4 Richard Doe 

5. Charles Lee 


X 

X 

X 

X 

X 


This is to certify that the above and 
foregoing is a correct list of primary 

voters at a primary held on the. 

day of.:........A. D., in 

the.precinct, in. county, 

18 


























and State of Illinois.^ That at saidfpri- 
mary the undersigned judges and clerks 
served as required by law and are en¬ 
titled to pay therefor. 

Dated.19.... 


Clerks of Primary Judges of Primary. 

Said primary poll books shall other¬ 
wise be in form and shall contain the 
same certificates as nearly as may be 
as the poll books used in the regular 
election and shall be signed and attested 
in the same manner, as nearly as may 
be, as the poll books used for the pur¬ 
pose of regular elections. 


Sec. 27. [Tally Sheets.] The tally 
sheets for each political party participat¬ 
ing in the primary election shall be sub¬ 
stantially in the following form: 

“Tally sheets for.(Name of 

political party) for the.precinct, 

in the county of....., for a primary 

held on the.day of.A. D.” 

The names of candidates for nomi¬ 
nation and for State central committee¬ 
men, and precinct committeemen, shall 
be placed on the tally sheets of each 
political party by the primary clerks in 
the order in which they appear on the 
primary ballot. 


Sec. 28. Petition—Form—Number 
of Signers.] The name of no candidate 
for nomination, or State central com¬ 
mitteemen, shall be printed upon the 
primary ballot unless a petition for nom¬ 
ination shall have been filed in his be¬ 
half, as provided in this Act in substanti¬ 
ally the following form: 


19 
















“We, the undersigned, members of 

and affiliated with the.party 

and qualified primary electors of said 

.party, in the.of. 

in the county of.and State of 

Illinois, do hereby petition that the fol- 
owing named person or persons shall be 

a candidate or candidates of the. 

party for the nomination for the office 
or offices hereinafter specified, to be 
voted for at the primary election held 
on the.day of.A. D. 


Name 

Office 

Address 

Thomas Smith . 

Governor. 

Belvidere. Ill. 

John Jones .... 

Sheriff. 

Oakland, Ill. 



Name 


Address. 


State of Illinois, ] 

\ ss. 

.County, J 

I,., do hereby certify that I 

am upwards of the age of twenty-one 

years, that I reside at No.street. 

in the.of., county of. 

and State of Illinois, and that the signa¬ 
tures on this sheet were signed in my 
presence, and are genuine, and that to 
the best of my knowledge and belief the 
persons so signing were at the time of 
signing said petitions qualified voters of 
the.party, and that their respec¬ 

tive residences are correctly stated, as 
above set forth. 


Subscribed and sworn to before me 
this.day of.A. D.... 
































Such petitions shall consist of sheets 
of uniform size, and each sheet shall 
contain above the space for signatures 
an appropriate heading giving the in¬ 
formation as to name of candidate or 
candidates, in whose behalf such peti¬ 
tion is signed; the office, the political 
party represented, place of residence, 
and such other information or wording 
as required to make same valid; and the 
heading of each sheet shall be the same. 
Such petition shall be signed by quali¬ 
fied primary electors in their own proper 
persons only, and opposite the signa¬ 
ture of each signer, his residence address 
shall be written (and if a resident of a 
city having a population of over 10,000 
by the then last preceding federal cen¬ 
sus, the street number of such residence 
shall be given.) No signature shall be 
valid or be counted in considering the 
validity or sufficiency of such petition 
unless the requirements of this section 
are complied with, except as herein 
otherwise provided. At the bottom of 
each sheet of such petition shall be added 
a statement, signed by an adult resident 
of the political division for which the 
candidate is seeking a nomination, 
stating his residence address (and if a 
resident of a city having a popualtion of 
over 10,000 by the then last preceding 
federal census, also, stating the street 
and number of such residence) certify¬ 
ing that the signatures on that sheet of 
said petition were signed in his presence, 
and are genuine; and that to the best of 
his knowledge and belief the persons so 
signing were at the time of signing said 
petitions qualified voters of the political 
party for which a nomination is sought. 
Such statement shall be sworn to before 


21 


some officer of thejcounty in which the 
person making such statement resides, 
authorized to administer the oaths 
therein. Such sheets before being filed, 
shall be neatly fastened together in book 
form, by placing the sheets in a pile and 
fastening them together at one edge in 
a secure and suitable manner, and the 
sheets shall then be numbered consecu¬ 
tively. The sheets shall not be fastened 
by pasting them together end to end, so 
as to form a continuous strip or roll. 
Said petition, when filed, shall not be 
withdrawn or added to, and no signa¬ 
tures shall be revoked except by revoca¬ 
tion filed in writing with the clerk or 
other proper officer with whom the 
petition is required to be filed, and be¬ 
fore the filing of such petition. Who¬ 
ever, in making the sworn statement 
above prescribed, shall knowingly, wil¬ 
fully, and corruptly swear falsely, shall 
be deemed guilty of perjury, and on con¬ 
viction thereof, shall be punished ac¬ 
cordingly. Whoever forges the name 
of a signer upon any petition required 
by this Act, shall be deemed guilty of a 
forgery, and on conviction thereof, shall 
be punished accordingly. 

Petitions of candidates for nomina¬ 
tions for offices herein specified, to be 
filed with the same officer, may contain 
the names of two or more candidates of 
the same political party for the same or 
different offices. 

Such petitions for nominations shall 
be signed: 

(a) If for a State office, by not less 
than one thousand (1,000) nor more than 
two thousand (2,000) primary electors 
of his party.; 


22 


(b) If for a congressional office, by at 
least one-half of one per cent of the 
qualified primary electors of his party 
in his congressional district, as the case 
may be; 

(c) If for a judicial office, by a least 
one-half of one per cent of the qualified 
primary electors of his party in the dis¬ 
trict or division for which the nomina¬ 
tion is made. 

(d) If for a county office, by at least 
one-half of one per cent of the quali¬ 
fied primary electors of his party cast at 
the last preceding general election in his 
county: Provided , that if for the nomi¬ 
nation for county commissioner of Cook 
county, then by at least one-half of one 
per cent of the qualified primary electors 
of his party in his county in the district 
or division in which such person is a 
candidate for nomination. 

(e) If for a city or village office, to be 
filled by the electors of the entire city or 
village, by at least one-half of one per 
cent of the qualified primary electors of 
his party in his city or village; if for 
alderman, by at least one-half of one 
per cent of the voters of his party of his 
ward. 

(f) If for State central committee¬ 
man, by at least one hundred (100) of 
the primary electors of his party of his 
congressional district. 

(g) If for a candidate for trustee of a 
sanitary district, by at least one-half 
of one per cent of the primary electors 
of his party, from such sanitary district. 

(h) If for a candidate for clerk of the 
appellate court, by at least' one-half of 
one per cent of the primary electors of 
his party of the district. 

23 


—.(i)sli^If f° r any'other office, by at least 
ten (10) primary electors of his party of 
the district or division for which nomi¬ 
nation is made. 

Sec. 29. IT. S. Senator—Petition— 
Advisory Vote.] Any candidate for 
United States Senator may have his 
name printed upon the primary ballot 
of his political party by filing in the 
office of the Secretary of State, not less 
than thirty (30) days prior to the date 
of the April primary, in any year, a 
petition signed by not less than three 
thousand (3,000) primary electors, nor 
more than five thousand (5.000) mem¬ 
bers of and affiliated with the party of 
which he is a candidate, and no candi¬ 
date for United States Senator, who 
fails to comply with the provisions of 
this Act, shall have his name printed 
upon any primary ballot: Provided, 
that the vote upon candidates for 
United States Senator shall be had for 
the sole purpose of ascertaining the senti¬ 
ment of the voters of the respective 
parties in the State as a whole and not 
by Senatorial districts. 

Sec. 30. [Petition—Filing — With¬ 
drawal.] All petitions for nominations 
shall be filed as follows: 

(1) Where the nomination is to be 
made for a State, congressional, judicial 
or appellate court office, or for any office 
the nomination for which is made for a 
territorial division or district which com¬ 
prises more than one county, or is partly 
in one county and partly in another 
county or counties, then such petition 
for nomination shall be filed in the office 
of the Secretary of State, not more than 


24 


sixty and not less than thirty days 
prior to the date of the primary. 


(2) Where the nomination is to be 
made for a county office, except clerk of 
Appellate court of the first district then 
such petition shall be filed in the office 
of the county clerk not more than sixty 
nor less than thirty days prior to the 
date of the primary. 


(3) Where the nomination is to be 
made for an office to be filled by the 
electors of an entire city or village, in¬ 
cluding aldermen, such petitions for 
nominations shall be filed in the office 
of the city or village clerk not more than 
thirty (30) nor less than fifteen (15) 
days prior to the date of the primary. 

(4) Where the nomination is to be 
made for an office to be filled by the 
electors of a town, then such petition 
for nomination shall be filed in the office 
of the town clerk not more than thirty 
(30) and not less than fifteen (15) days 
prior to the date of the primary. 

(5) The petitions of candidates for 
State central committeemen shall be 
filed in the office of the Secretary of 
State not more than sixty (60) days and 
not less than thirty (30) days prior to 
the primary. 

(6) The Secretary of State and the 
various clerks with whom such petitions 
for nominations are filed shall endorse 
thereon the day and hour on which each 
petition was filed. 

(7) Any person for whom a petition 
for nomination or for committeeman 
has been filed may cause his name to be 
withdrawn by his request in writing, 
signed by him and duly acknowledged 


( 3 ) 


25 



before an^otticer qualified to take^ac- 
knowledgments of deeds and filed in the 
office of the Secretary of State not less 
than twenty-five (25) or with the proper 
clerk not less than [twelve] (12) days 
prior to the date of the primary, and no 
names so withdrawn shall be certified 
by the Secretary of State to the county 
clerk, or printed on the primary ballot. 

Sec. 31 [Certificate to County 
Clerk.] Not less than twenty (20) 
days prior to the date of the primary 
the Secretary of State [shall] certify to 
the county clerk of each county the 
names of all candidates for United 
States Senator and of all candidates for 
members of the State central committee, 
and of all candidates for the nomination 
for all offices, as specified in the petition 
for nominations on file in his office, which 
are to be voted for in such county, stating 
in such certificates the political affiliation 
of each candidate for nomination, or 
committeeman, as specified in the said 
petition. The Secretary of State shall, in 
his certificate to the county clerk certify 
to said county clerk the names of the 
offices and the names of the candidates 
n the order in which said offices and 
aid names shall appear upon the pri¬ 
mary ballot, said names to appear in 
the order in which petition shall have 
been filed in his office. 

Sec. 32. [Ballots—By Whom 
Printed.] The county clerk of each 
county and in cities, villages and towns, 
the clerk thereof, as the case may be, 
shall prepare and cause to be printed 
the primary ballot of each political 
party for each precinct in his respective 
county, city, village or t.own.Jf’^' 1 ^ *** 

26 


_ Sec. 33. [Ballots—Names Printed 
On.] It is hereby made the duty of the 
county clerk of each county to cause to 
be printed upon the primary ballot of 
each party for each precinct in his 
county the name of each candidate 
whose petition for nomination has been 
filed in the office of the county clerk as 
herein provided; and also the name of 
each candidate whose name has been 
certified to his office by the Secretary 
of State, and in the order so certified. 

It shall be the duty of the city or 
village or town clerk, as the case may be, 
to cause to be printed upon the primary 
ballot of each political party for each 
precinct in his city, village or town, as 
the case may be, the name of each candi¬ 
date whose petition for nomination has 
been filed in his office, as herein pro¬ 
vided and which is to be voted for in 
such precinct 

Sec. 34. [Ballots—Color—Size, 
Etc ] The primary ballot of each politi¬ 
cal party shall be separately printed 
upon paper of uniform quality, texture 
and size, but the primary ballot of no 
two political parties shall be of the same 
color or tint. 

The clerk, whose duty it shall be to 
cause to be printed the primary ballot, 
shall, at least fifteen (IS) days prior to 
the date of the primary, post in a con¬ 
spicuous place in his office an announce¬ 
ment of the color of the primary ballots 
of the respective parties, and, in the 
case of the county clerk, shall also pub¬ 
lish such announcement for at least one 
(1) week in at least three (3) newspapers 
of general circulation in the county. 
In the case of the city clerk, such publi- 

271 



cation shall be made jat^least^one^(l) 
week in three (3) newspapers printed 
and published in the city, if there be 
three newspapers jDrinted^and publi shed 
in said’city r «2£ 


Sec - r>3 5 allots—Form.] ^The 

f )rimary ballot of each political party 
or each precinct shall be arranged and 
printed substantially in the manner 
following: i ■ 


1. At the top of the ballot shall be 
printed in large capital letters, words 
designating the ballot—if a Republican 
ballot, the designating words shall be: 

'“REPUBLICAN PRIMARY BALLOT; 
if a Democratic ballot the designating 
words shall be: “DEMOCRATIC PRI¬ 
MARY BALLOTand in like man¬ 
ner for each political party. 

2. Beginning not less than one inch 
below designating words, the name of 
each office to be filled shall be printed in 
capital letters and in the following order, 
to-wit: United States Senator, State 
offices, congressional offices, judicial 
offices, clerks of the appellate courts, 
members of the State central committee, 
trustees of sanitary districts, county 
offices, city and village offices, town 
offices, or of such of the said offices as 
candidates are to be nominated for at 
such primary, and precinct committee¬ 
man 

Below the name of each office shall be 
printed in small letters the directions 
to voters: “Vote for one;’’ “Vote for 
two;” “Vote for three;” or a spelled 
number designating how many persons 
under that head are to be voted for. 

Below the name of each office shall be 
printed in capital letters the names of all 


~|28| 


ti-Kosi'a? 






candidates^arranged ^in^the' 'order^in 
which their petitions for nomination 
were filed, for the nomination for said 
offices which are entitled to be placed 
upon the respective party primary 
ballot. The names of all candidates 
upon the primary ballot shall be printed 
in type of uniform size and the names 
shall be printed in a column. Immed¬ 
iately opposite and in front of the name 
of each candidate shall be printed 
a square and all squares upon the pri¬ 
mary ballot shall be of uniform size. 
Spaces between the names of candidates 
under each office shall be uniform and 
sufficient spaces shall separate the 
names of candidates for one office from 
the names of candidates for another 


office, tc avoid confusio n. 1 ; £• * '" 
3. - At thebottom J of rthe primary 
ballot and under the heading “For pre¬ 
cinct committeeman,” a space suffi¬ 
ciently large shall be left in which the 
primary electors may write or attach 
the name of one primary elector of his 
party in the precinct as his choice for 
precinct committeeman. No square 
need be placed in front of the name of 
the person voted for for precinct com¬ 
mitteeman. 


Sec. 36. [Ballots—Endorsements. j 
On the back or outside of the primary 
ballot of each precinct, so as to appear 
wffien folded, shall be printed the words 
“Primary Ballot,” followed by designa¬ 
tion of said precinct, the date of the 
primary and a facsimile of the signa¬ 
ture of the clerk who furnishedithejbal- 


lots. 


Sec. 37. ispecimen'Ballots.j _ $The 
officerJw r hose_|duty, it^shallJ.bejtoi'cause 

29 



tftejj^printing of the primary ballots 
shall, not lessfthan five (5) days prior 
to the primary, transmit or cause to be 
delivered to the primary judges, speci¬ 
men ballots of each political party, sub¬ 
stantially in the form of the official pri¬ 
mary ballots, to be used at the primary 
which specimen ballot shall be printed 
upon paper of a different texture and 
color from the official primary ballot, 
and it shall be the duty of the primary 
judges to post not less than five "(5) of 
each such specimen ballots in the pre¬ 
cinct, one of each such specimemballots 
to bejposted^atfthejpolling place. 

Sec. 38. [Ballots—Delivery to 
J udges.] The officer so charged with 
the printing of primary ballots shall 
cau"Se to be delivered to the primary 
judges of each precinct not less than 
twelve (12) hours before the time fixed 
for the opening of the polls, the official 
primary ballot of each political party, 
and the number thereof for each politi¬ 
cal party in each precinct shall be one 
hundred (100) for each fifty (50) votes 
cast in said precinct by said political 
party at the last preceding election. 

Sec. 39. ([B’all’ots] — Re'c’e'ipt’s 
For.] The official primary ballots shall 
be put in separate sealed packages with 
marks on the outside thereof clearly 
designating the precinct for which they 
are intended, and the number of ballots 
enclosed for each political party and a 
receipt therefor shall be given by the 
primary judge to whom such ballots are 
delivered, which receipt shall be^Aled 
bvfthe proper^clerkjinjiis office. 


Sec. 40. [Extra^Ballots.] '^jJThe 
officer so charged with the printing of 
primary ballots shall provide and retain 
in his office until after the primary, an 
ample supply of extra primary ballots 
for each political party in each precinct 
and if at any time before or during the 
primary, ballots of any precinct shall be 
lost, destroyed or exhausted, on written 
application signed by the primary 
judges of said precinct, or any of them, 
he shall immediately cause to be de¬ 
livered to said primary judges such 
supply of extra ballots as may be re¬ 
quired to comply with the provisions 
of this Act. 

Sec. 41. [Polls—Opening and 
Closing.] Upon the opening of the 
polls one of the primary judges shall 
make proclamation of the same. And 
at least thirty (30) minutes before the 
closing of the polls proclamation shall 
be made in like manner that the polls 
will be closed in half an hour. 

Sec. 42. [Ballot Box— Care and 
Custody.] Before voting begins, the 
ballot box shall be emptied and it shall 
be opened and shown to those present 
to be empty, after which it shall be 
locked and the key delivered to one of 
the primary judges, and such ballot box 
shall not be removed from public view 
from the time it is shown to be empty 
until after the close of the polls 

Sec. 43. [Qualification^ Voters.] 
Every person having resided in this 
State one year, in the county ninety 
days, and in the precinct thirty days 
next preceding any primary therein, 
who was an elector in this State on the 




first day of April, in the’year of our Lord 
1848, or obtained a certificate of natural¬ 
ization before any court of record in this 
State prior to the first day of January, 
in the year of our Lord 1870, or who 
shall be a male citizen of the United 
States, above the age of twenty-one 
years, shall be entitled to vote at such 
primary. 

The following regulations shall be ap¬ 
plicable to primaries: 

No person shall be entitled to vote at 
a primary: 

(a) Unless he declares his party 
affiliations as required by this Act; 

(b) Who shall have signed the peti¬ 
tion for nomination of a candidate of any 
party with which he does not affiliate, 
when such candidate is to be voted for at 
the primary;! 

% ( c ) IjjWho'shall'have'signed the nomi¬ 
nating papers of an independent candi¬ 
date for any office for which office can¬ 
didates for nomination arej^to be^voted 
for at such primary; or 
J[(d) If he][shall|have voted at a pri¬ 
mary held under this Act of another po¬ 
litical party within a period of two 
years next preceding such primary: 
Provided , participation by a primary 
elector in a primary of a political party, 
which under the provisions of section 
2 of this Act, is a political party within a 
city only and entitled hereunder to 
make nominations of candidates for 
city officers only, and for no other office 
or offices, shall not disqualify such pri¬ 
mary elector from participating in other 
primaries of his party: And, provided , 
that no qualified voter shall be pre¬ 
cluded fromfcparticipating in^the^pri- 


mary of any purely city, village or town 
political party under the provisions of 
section 2 of this Act, by reason of such 
voter having voted within two years at 
the primary of another political party. 
I^In cities having a board of election 
commissioners, the following additional 
regulations shall be applicable: 

In such cities only voters, registered 
as herein provided, shall be entitled to 
vote at such primary. The registration' 
books prepared for and used at the elec¬ 
tion then next preceding shall be used 
for the primary, and any person therein 
registered shall be entitled to vote at the 
primary unless he shall have removed 
from the election precinct or become 
otherwise disqualified. Any person whose 
name does not appear on the registry 
books, who is, or shall, at or before the 
primary, become a primary elector of 
the precinct in which he desires to vote, 
shall be entitled to vote at such primary, 
by filing, or causing to be filed, with the 
board of election commissioners, twenty 
days prior to a primary, an affidavit, or 
affirmation, specifying the facts showing 
that on the date of such primary he will 
be a legally qualified primary elector in 
the precinct in which he desires to vote. 

Such affidavit, or affirmation, for 
registration, shall state the name of the 
applicant, the place and date of his 
nativity, the term of his residence at his 
then present address, in the precinct, 
county, State and United States, the 
fact of his naturalization, if the appli¬ 
cant is a naturalized citizen, specifying 
the court, if known, or, if not known, the 
city in which the court was held, where 
such citizen was naturalized, and the 
residence when last registered, if the 


applicant was^previously^ registerec 
It shall be the!duty of the Board ot 
Election Commissioners to prepare 
proper forms of such affidavit, or affir¬ 
mation. 

Upon the filing of such affidavit, or 
affirmation, the Board of Election Com¬ 
missioners shall place the name of such 
primary elector in the original registra¬ 
tion books for the proper precinct, 
specifying the precinct from which he is 
transferred, if previously registered in 
another precinct, and shall also make 
a minute opposite his name in the 
original registration books of the pre¬ 
cinct from which he has removed, show¬ 
ing the precinct to which his name is 
transferred, or, as the case may be, 
shall add the name of such primary 
elector in the original registration books 
for the proper precinct and the reason 
of the registration thereof. 

At least five days prior to the date of 
the primary, the Board of Election Com¬ 
missioners shall cause to be posted at 
each polling place in each precinct, in a 
book substantially in the form now used 
for “verification lists” under the general 
election laws of this State, the name and 
address of each primary elector who has 
been registered for the primary by hav¬ 
ing filed an affidavit, or affirmation, as 
above set forth. 

Any primary elector of a precinct 
may, on the eleventh and twelfth days 
immediately preceding the primary, 
file with the Board of Election Commis¬ 
sioners an application, signed and sworn 
to by him, requesting that the name of 
a person, registered on the registration 
books of such precinct by affidavit, as 
herein provided, shall be erased there- 


34 


from, for the^reason that suchTperson so 
registered by affidavit is not, or will not 
on or before the day of the primary, be 
a legal primary elector of the precinct. 
A docket of such application shall be 
made by wards and precincts. 

Notice of such application, with a 
demand to appear and show cause why 
such name should not be erased, shall 
thereupon be given to such person by 
the Board of Election Commissioners. 
Such notice shall be served upon such 
person personally, or left at the place of 
residence stated in the affidavit for 
registration, and a copy thereof shall be 
sent by mail, postage prepaid, at least 
two days before the day fixed to show 
cause, addressed to the person whose 
right to vote is challenged, at the resi¬ 
dence address given in his registration 
affidavit. In case personal service can¬ 
not be had, the return of the Board of 
Election Commissioners shall so state 
and the reason therefor. 

On Monday, Tuesday and Wednesday 
next preceding the primary, the Board 
of Election Commissioners shall sit to 
hear such applications by wards and 
precincts in their numerical order. At 
the request of either party, subpoenas 
shall be issued, and witnesses may be 
sworn and heard upon such hearing. 
Each person appearing in response to an 
application to erase a name shall sub¬ 
scribe and swear to an answer, in the 
presence of a member of the Board of 
Election Commissioners, substantially 
in the following form: 

“I., do solemnly swear that 

I am a citizen of the United States; that 
I have resided in the State of Illinois 
since the.day of.A. D. 19E.„ 

35 





and in the county of.. .. said 

State, since the.day ot. 

A. D. 191...., and in the.precinct 

of the.ward, in the city of. 

said county and State, since the. 

day of.A. D. 191....; and that I am 

.years of age; and that I am the 

identical person registered in said pre¬ 
cinct for the primary by affidavit under 
the name I subscribe hereto.” 

Such answer shall be filed with the 
Board of Election Commissioners. 

The decision on each application shall 
be announced at once after hearing, and 
where such application is allowed, such 
name shall be erased forthwith. 

The county court of the county in 
which such city is situated shall, on 
Friday and Saturday of the w r eek prior 
to the week in which such primary is to 
be held, especially sit to hear such ap¬ 
plications as may be made to it by per¬ 
sons whose names have been stricken 
from the registry list as above provided. 
Such application shall be sworn to and 
shall state that the Board of Election 
Commissioners has stricken such name 
from the registry list. Such applica¬ 
tion shall be heard summarily and evi¬ 
dence may be introduced for or against 
such application. Each case shall be 
decided at once on hearing, and the 
clerk of the court shall make a minute of 
the disposition of each application. A 
copy of such minute shall at once be 
given to such Board of Election Com¬ 
missioners, and, when such minute indi¬ 
cates that the name of the applicant 
shall be restored to the register, the 
Board of Election Commissioners shall 
forthwith cause such name to be placed 
upon the appropriate register, and indi- 


36 











cate that it was entered by order of 
court. 

In case said county court shall refuse 
such application, an order shall be en¬ 
tered accordingly on the Monday follow¬ 
ing the session of the court held for the 
purpose aforesaid, and any person de¬ 
siring to appeal from the said order may 
appeal to the Supreme Court of the 
State, if application be made therefor 
within five days after the entry of said 
order, and such appeal shall be allowed 
on the giving of an appeal bond in the 
penalty of $250, conditioned to pay the 
expense of such appeal. The time for 
fifing such appeal bond and certificate 
of evidence shall be fixed by the court, 
and upon presentation to the court of a 
certificate containing the evidence heard 
at such hearing, within the time fixed 
by the court, the court shall sign the 
same, and thereupon the same shall be¬ 
come part of the record in said cause. 

The original registration books, to¬ 
gether with the registration by affidavit 
or affirmation, as herein provided, shall 
constitute the primary registration. 

It is the intent and meaning of this 
section that all primary electors in any 
and all precincts, not already registered, 
in which they are or will be legally 
qualified to vote on the day of the pri¬ 
mary, may be given an opportunity to 
have their names placed upon the 
registry books of the precinct in which 
they are, or will be, qualified to vote on 
the day of the primary, and this sec¬ 
tion shall be liberally construed to 
effectuate such intent. 

Sec. 44. [Voter—Party Affilia¬ 

tion, Etc.] Any person desiring to 


37 


vote at a r primary5shalirstate’his r; name, 
residence and party affiliation to the 
primary judges, one of whom shall there¬ 
upon announce the same in a distinct 
tone of voice, sufficiently loud to be 
heard by all persons in the polling place. 
If the person desiring to vote is not chal¬ 
lenged, one of the primary judges shall 
give to him one, and only one, primary 
ballot of the political party with which 
he declares himself affiliated, on the 
back of which such primary judge shall 
endorse his initials in such manner that 
they may be seen when the primary 
ballot is properly folded. If the per¬ 
son desiring to vote is challenged he 
shall not receive a primary ballot from 
the primary judges until he shall have 
established his right to vote as herein¬ 
after provided. No person who re¬ 
fuses to state his party affiliation shall 
be allowed to vote at a primary. 

Sec. 45. [Challenged Voter — Affi¬ 
davits.] Whenever a person offering 
to vote at a primary is challenged, the 
person so challenged shall make and 
subscribe an affidavit in the following 
form, which shall be presented to and 
retained by the primary judges and 
clerks, and returned by them with the 
primary poll book: 

State of Illinois. 

County of. 

I.do solemnly swear (or af¬ 

firm) that I am a citizen of the United 
States, of the age of twenty-one years 
or over, and am qualified to vote under 
and by virtue of the Constitution and 
laws of the State of Illinois, and am a 



3f 




legally qualified!’volufof^this precinct, 

that I now reside at.(insert 

street and number, if any) in this pre¬ 
cinct, and am a member of and affiliated 

with the.....party; that I have not 

voted at a primary of another political 
party within a period of two years prior 
to this date; and that I voted at the 

.city, village or town primary, 

with the.political party at 

the.election held in. 

A. D. which said.political 

party was entitled at said primary to 
make nominations of candidates for city, 
village or town offices only, and for no 
other offices, and that the name or names 

of no candidate or candidates of the. 

political party (the political party with 
which the primary elector declares him¬ 
self affiliated) were, at such city, village 
or town primary, printed on the primary 
ballot; that I have not signed the peti¬ 
tion for nomination of a candidate of a 
political party with which I am not 
affiliated, and that I have not signed the 
nominating papers of an independent 
candidate for any office for which office 
candidates for nomination are voted for 
at this primary. 

Subscribed and sworn to before me, 
this.day of.A. D. 


Judge of Primary. 

In addition to such affidavit the per¬ 
son so challenged shall produce the affi¬ 
davit of one householder of the precinct, 
who shall be a qualified voter at such 
primary, and who shall be personally 
known or proved to the judges to be a 
householder in the precinct, which affi¬ 
davit shall be in the following form: 


39 
















State of Illinois, 1 ) ;] ] 

f ss , 

County of.J j 

I.do solemnly swear. (ov 

affirm) that I am a households ' this 
precinct and entitled to vote at this 
primary; that I am acquainted with 

.(name of the party challenged). 

whose right to vote at this primary 
has been challenged; that I know him 
to be an actual bona fide resident of this 
precinct, and that he has resided herein 
thirty days, and I verily believe he has 
resided in this county ninety days, and 
in this State one year next preceding 
this primary; that I verily believe he is 
a member of and affiliated with the 
.party. 

Subscribed and sworn to before me, 
this.day of.A. D 19. 


Judge of Primary. 

Sec. 46. [Ballot —How Marked.] 
On receiving from the primary judges 
a primary ballot of his party, the pri¬ 
mary elector shall forthwith and with¬ 
out leaving the polling place, retire 
alone to one of the voting booths and 
prepare such primary ballot by marking 
a cross (X) in the square in front of and 
opposite the name of each candidate 
of his choice for each office to be filled. 
At the primary at which a precinct 
committeeman is to be elected the pri¬ 
mary elector may write or attach at the 
bottom of his primary ballot, in the 
space provided for that purpose, the 
name of one primary elector of his pre¬ 
cinct, member of and affiliated with his 
political party, for precinct committee¬ 
man. No other mark or designation 

[40 










shall ^be necessary to indicate thejpri- 
mary elector’s choice for precinct com¬ 
mitteeman. 

Any primary elector may, instead of 
voting for any candidate for nomination 
or for committeeman whose name is 
printed on the primary ballot, write 
in the name of any other person affiliated 
with such party as a condidate for the 
nomination for any office, or for com¬ 
mitteeman, and indicate his choice of 
such candidate or committeeman by 
placing to the left of and opposite the 
name thus written a square and by 
placing in the square a cross (X). And 
at the primary at which precinct com¬ 
mitteemen are to be elected he shall 
write at the bottom of his primary bal¬ 
lot, in the space provided for that pur 
pose, the name of one primary elector 
of his precinct, member of and affiliated 
with his political party, for precinct 
committeeman. No squares need be 
placed in front of the names of persons 
sojvoted for for precinct committeemen. 

P^Sec. 47.fi P[Ballot —How Voted.) 
Before leaving the booth, the primary 
elector shall fold his primary ballot in 
such manner as to conceal the marks 
thereon. Such voter shall then vote 
forthwith by handing the primary judge 
the primary ballot received by such 
voter. Thereupon the primary judge 
shall deposit such primary ballot in the 
ballot box. The primary clerk shall 
thereupon enter in the primary poll 
book the name of the primary elector, 
his residence and his party affiliation. 

Sec. 48. [Assistance to Voter.] Any 
primary^elector who^mayjieclare^upon 


oath that he cannotgread the English 
language, or that by reason of any physi¬ 
cal disability lie is unable to mark his 
ballot shall upon request, be assisted in 
marking his primary ballot in the same 
manner as provided by the general 
election laws of this State. 

^Sec. 49. [No Adjournment or Re¬ 
cess.] After the opening of the polls 
at a primary no adjournment shall be 
had nor recess taken until the canvass 
of all the votes is completed and the 
returns carefully enveloped and sealed. 

F Sec. 50. [Canvass at Polling 
Place.] The votes shall be canvassed 
in the room or place where the primary 
is held and the primary judges shall not 
allow the ballot box or any of the bal¬ 
lots, or the primary poll book, or any 
of the tally sheets to be removed or 
carried away fr^m such room or polling 
place until the canvass of the votes is 
completed and the returns carefully 
enveloped and sealed. 

Sec. 51. [Ballots—“Defective,” 
Etc.] If the primary elector marks 
more names upon the primary ballot 
than there are persons to be nominated 
as candidates for an office, or for State 
central committeeman, or precinct com¬ 
mitteeman or if for any reason it is im¬ 
possible to determine the primary elec¬ 
tor’s choice of a candidate for the nomi¬ 
nation for an office, or committeeman, 
his primary ballot shall not be counted 
for the nomination for such office or 
committeeman. 

No primary ballot, without the en¬ 
dorsement of the judge’s initials thereon, 
shall be counted. Any judge wilfully 


omitting'to' endorse his initials on a pri¬ 
mary ballot, as required by this Act, 
shall be guilty of a misdemeanor and 
punishable by a fine not exceeding one 
hundred dollars for each offense. 

Primary ballots not counted shall be 
marked “defective” on the back there¬ 
of; and primary ballots to which ob¬ 
jections have been made by either of 
the primary judges or challengers shall 
be marked “objected to” on the back 
thereof; and a memorandum, signed by 
the primary judges, stating how it was 
counted shall bs written on the back of 
each primary ballot so marked, and all 
primary ballots marked “defective” or 
“objected to” shall be enclosed in an 
envelope and securely sealed, and so 
marked and endorsed as to clearly dis¬ 
close its contents. 

All primary ballots not voted, and all 
that have been spoiled by voters while 
attempting to vote, shall be returned 
to the proper clerk, by the primary 
judges, and a receipt taken therefor, and 
shall be preserved three months. Such 
official shall keep a record of the number 
of primary ballots delivered for each 
polling place, and he or they shall also 
enter upon such record the number and 
character of primary ballots returned, 
with the time when and the persons 
by whom they are returned. 

Sec. 52. [Canvass of Ballots.] Im¬ 
mediately upon closing the polls, the 
primary judges shall proceed to canvass 
the votes in the manner following; 

(1) They''shall separate and count 
the ballots of each political party; 
f (2) They shall then proceed to ascer- 
tain&the number of names entered on 


the primary poll books^_under each 

p arty affiliation: _ 

(3) If the primary ballots of r any 
political party exceed in number the 
names of voters of such political party 
entered on the primary poll books, the 
primary ballots of such political party 
shall be folded and replaced in the bal¬ 
lot box, the box closed, well shaken and 
again opened and one of the primary 
judges, who shall be blindfolded, shall 
draw out and destroy so many of the 
primary ballots of such political party 
as'Tshall be equal^to such- excess; 

J(4) TheTprimary judges\shall™then 
proceed to count the primary ballots 
of each political party separately; and 
as the primary judges shall open and 
read the primary ballots, each primary 
clerk shall carefully and correctly mark 
^upon the tally sheets the votes which 
each candidate of the party whose name 
is written or printed on the primary 
ballot has received, in a separate column 
for that purpose, with the name of such 
candidate, the name of his political 
party and the name of the office for 
which he is a candidate for nomination 
at the head of^such column. £ 

^JSec.- 53. [Canvass of Ballots— 
Certificate.] As soon as the ballots of 
a political party shall have been read 
and the votes of said political party 
counted, as provided in the last above 
section, the primary clerks shall foot up 
the tally sheets so as to show the total 
number of votes cast for each candidate 
of said political party and for each can¬ 
didate for State central committeeman, 
■ and precinct committeeman, and certi¬ 
fy,, the same to be correct, j Thereupon, 





the primary judges shall set down in the 
primary poll books, under the name of 
said political party, the name of each 
candidate voted for upon the primary 
ballot, written at full length, the name 
of the office for which he is a candidate 
for nomination or for committeeman, 
the total number of votes which said 
candidate received, and the primary 
judges shall certify the same to be true 
and correct; said entry in the primary 
poll books to be made substantially^ 
the following form: 

$ ’. PARTY ^ 

*|At the primary election held in ^this 

precinct on the.day of.*. 

A. D. 19. the respective candidates 

whose names were written or printed 

on the primary ballot of said. 

party, received respectively the follow¬ 
ing votes: 


Name of 
Candidate 

Title of Office 

No. of 
Votes 

John Jones 

Governor 

100 

Sam Smith 

Governor 

70 

Frank Martin 

Attorney General 

150 

William Preston 

Representative in 

206 


Congress 


Frederick John 

County Judge 

59 


And so on for each candidate. 

We hereby certify the above and fore¬ 
going to be true and correct. 

Dated this.day of.A. D 19.... 


Judges of Primary. 

Sec. 54. [Ballots—Strung, Sealed 
and^Endorsed.] After the votes of „a 


















political party have been counted^and 
set down and "the tally sheets footed and 
the entry made in the primary poll 
books, as above provided, all the pri¬ 
mary ballots of said political party, ex¬ 
cept those marked “defective” or “ob¬ 
jected to” shail be strung upon a strong 
thread or twine separately for each po¬ 
litical party in the order in which said 
primary ballots have been read, and 
shall thereupon be carefully sealed in an 
envelope, which envelope shall be en¬ 
dorsed as follows: 

Primary ballots of the. 

party of the.precinct of the 

county of.and State of Illinois ” 

Below each endorsement, each pri¬ 
mary judge shall write^his name. 

l - Sec. 55. r[PRECiNCT Returns —How 
Made.] The primary poll books, with 
the certificates of the primary judges 
written thereon, and the tally sheets, 
together with the envelopes containing 
the ballots, shall be carefully enveloped 
and sealed up together, properly en¬ 
dorsed and put into the hands of the 
primary judges, who shall, within forty- 
eight (48) hours thereafter, deliver the 
ame to the clerk from whom the pri¬ 
mary ballots were obtained, which clerk 
hall safely^keep the same for three (3) 
months 

, Sec. 56. [Canvass of^Returns.]] As 
soon as complete returns are delivered 
to the proper clerk, the returns shall be 
canvassed as follows: 

1. • In the case of the nomination of 
candidates for city offices, by the mayor, 
the city attorney and the city clerk: 


46 





In the case~of riomination"of “can 
didates for villages offices, by the presi 
dent of the board of trustees, one mem 
ber of the board [of ^trustees and th#* vil¬ 
lage clerk, 

,j*3. The officers who are charged^by 
law with the duty of canvassing returns 
of general elections made to the county 
clerk, shall also open and canvass the 
returns of a primary made to such 
county clerk. Upon the completion of 
the canvass of the returns by the county 
canvassing board, said canvassing board 
shall make a tabulated statement of the 
returns for each political party separate¬ 
ly, stating in appropriate columns and 
under proper headings, the total num¬ 
ber of votes cast in said county for each 
candidate for nomination by said party, 
including candidates for United States 
Senator and for State central committee¬ 
men. Within two (2) days after the 
completion of said canvass by said can¬ 
vassing board the county clerk shall 
mail to the Secretary of State a certified 
copy of such tabulated statement of re¬ 
turns: Provided , however , that the num¬ 
ber of votes cast for the nomination for 
offices, the certificate of election for 
which offices, under the general election 
laws, are issued by the county clerk 
shall not be included in such certified 
copy of said tabulated statement ol 
returns; 

/ In the casejof the nomination'of 
candidates for offices, including United 
States Senator, State central com¬ 
mitteeman, certified tabulated state¬ 
ment of returns for which are filed with 
the Secretaryj}f State, said returns shall 


be canvassed by the Governor, Secre¬ 
tary of State and State Treasurer. 

5. Where, in cities or villages which 
have a board of election commissioners, 
the returns of a primary are made to 
such board of election commissioners, 
said returns shall be canvassed by such 
board, and, excepting in the case of the 
nomination of candidates for any city or 
town office in such city, tabulated state¬ 
ments of the returns of such primary 
shall be made to the county clerk. 

Sec. 57. [Certificates of Nomina¬ 
tion and Election.] Each of said can¬ 
vassing boards, respectively, shall, upon 
completion of the canvassing of the re¬ 
turns, make proclamation of the result 
of said primary for each political party, 
and shall make and execute a certificate, 
and unless a notice of contest shall have 
been filed with said canvassing board 
ten (10) days after completion of the 
canvass, shall file such certificates in the 
office of the Secretary of State, or in the 
office of the clerk whose duty it is to 
print the official ballot for the election 
for which the nomination is made, 
as the case may be, stating therein, the 
name of each candidate of each polit¬ 
ical party so nominated, as shown by the 
returns, together with the name of the 
office for which he was nominated, in¬ 
cluding, in the case of the State primary 
canvassing board, candidates for State 
central committeemen. In case a notice 
of contest shall be filed with any can¬ 
vassing board, such canvassing board 
shall withhold its certificate until a 
certified copy of the decree or order of 
the court hearing such contest shall have 
been filed with such canvassing board. 


48 


The said canvassing board shall, within 
one (1) day after receiving a certified 
copy of said decree or order, proceed to 
finish the canvass of the returns as cor¬ 
rected by such decree and make pro¬ 
clamation accordingly. 

Upon the filing of said certificate in 
the office of the Secretary of State, or 
in the office of the proper clerk, as the 
case may be, the Secretary of State or 
the proper clerk as the case may be, 
shall, within one (1) day thereafter, 
issue a certificate of nomination to each 
of the candidates so proclaimed nomi¬ 
nated, except United States Senator. 

The Secretary of State shall also issue 
a certificate of election to each of the 
persons shown by the returns and the 
proclamation thereof to be elected 
State central committeeman. 

Sec. 58. [Plurality Nominations— 
Tie Vote.] The persons receiving the 
highest number of votes at a primary 
as a candidate of a party for the nomi¬ 
nation for an office shall be the candi¬ 
date of that party for such office, and 
his name as such candidate shall be 
placed on the official ballot at the elec¬ 
tion then next ensuing: Provided , that 
where there are two or more persons to 
be nominated for the same office or 
board, the requisite number of persons 
receiving the highest number of votes 
shall be nominated and their names 
shall be placed on the official ballot at 
the following election. 

In the case of candidates for nomina¬ 
tion for members of the board of assess¬ 
ors, where five are to be elected, four 
of whom are to be elected from any one 
city and the city has the requisite num- 


49 


ber, then the candidate for nomination 
living outside of such city having the 
highest number of votes of his party 
shall be nominated, and his name shaD 
be placed on the official ballot at the 
following election. 

The person receiving the highest num¬ 
ber of votes of his party for State cen¬ 
tral committeeman of his Congressional 
district shall be declared elected State 
central committeeman from said Con¬ 
gressional district. 

When two or more persons receive 
an equal and the highest number of 
votes for the nomination for the same 
office or for committeeman of the same 
political party, or where more than one 
person of the same political party is 
to be nominated as a candidate for 
office or committeeman, if it appears 
that more than the number of persons 
to be nominated for an office or elected 
committeeman have the highest and an 
equal number of votes for the nomina¬ 
tion for the same office or for election as 
committeeman, the board by which the 
returns of the primary are canvassed 
shall decide by lot which of such persons 
shall be nominated or elected, as the 
case may be. In such case such can¬ 
vassing board shall issue notice in writ¬ 
ing to such persons of such tie vote, 
stating therein the place, the day (which 
shall not be more than five (5) days 
thereafter) and the hour when such 
nomination or election shall be so de¬ 
termined. 

Sec. 59. [Ballot for General Elec¬ 
tion.] When the nomination is made 
for an office to be filled by the electors 
of an entire county, and where it is the 


50 


duty of the county clerk to prepare the 
official ballot for election, it shall be the 
duty of the county clerk, under this Act, 
to place upon the official ballot to be 
voted at the election the names of all 
candidates nominated for office, as 
herein provided, as shown by the certi¬ 
ficate of the canvassing board on file in 
his office, and the names of all candidates 
certified to him by the Secretary of 
State as herein provided. 

When the nomination is made for an 
office to be filled by the electors of an 
entire city or village, including aider- 
man, and where it is the duty of the 
city or village clerk to prepare the 
official ballot for the election, it shall be 
the duty of the city or village clerk, 
under this Act, to place upon the official 
ballot to be voted at the election the 
names of all candidates nominated for 
office, as herein provided, as shown by 
the certificate of the canvassing board 
on file in his office. 

When the nomination is made for an 
office to be filled by the electors of an 
entire town, and where it is the duty of 
the town clerk to prepare the official 
ballot for the election, it shall be the 
dutv of the town clerk, under this Act, to 
place upon the official ballot to be voted 
at the election, the names of all candi¬ 
dates nominated for office, as herein 
provided, as shown by the certificate 
of the canvassing board on file in his 
office. 

Not less than fifteen (15) days before 
an election to fill any office, the Secre¬ 
tary of State shall certify to the county 
clerk of each county within which any 
of the electors may, by law, vote for 
such candidates for such offices, the 


51 


name^and description^of each person 
nominated for such office, as shown by 
the certificate of the canvassing board 
on file in his office. 

Sec. 60. [Special Elections—Fil¬ 
ling Vacancies.] Whenever a special 
election shall be necessary, the provis¬ 
ions of this Act shall be applicable to the 
nomination of candidates to be voted 
for at such special election. The officer 
or board or commission whose duty it is, 
under the general election laws of this 
State, to call an election, shall fix a date 
for the primary for the nomination of 
candidates to be voted for at such special 
election. At least fifteen (15) days’ 
notice shall be given of such primary. 

In case a candidate who has been nom¬ 
inated under the provisions of this Act 
shall die before election, or decline the 
nomination, or should the nomination 
for any other reason become vacant, the 
managing committee of the respective 
political parties for the territorial area 
in which such vacancy occurs, shall 
nominate a candidate or candidates of 
the respective parties to fill such vacan¬ 
cies on the ticket. 

Sec. 61 . [Board of Election Com¬ 
missioners—Duties.] In cities having 
a board of election commissioners the 
duties herein imposed upon the county, 
city or village clerk, as the case may be, 
shall be discharged by the board of 
election commissioners, in the same 
manner, as near as may be, and to the 
same extent and with like effect that the 
similar duties imposed by this Act are 
discharged by the county, city or village 
clerk, as the case may be; and the bal- 


52 


lots for the nomination of all candidates 
to be voted for in such city shall be 
printed by the board of election com¬ 
missioners and the returns of the pri¬ 
mary held in such city shall be made to 
such board of election commissioners. 

Sec. 62 . [Contests.] Any candidate 
whose name appears upojn the primary 
ballot of any political party in any pre¬ 
cinct may contest the election of the 
candidates nominated by his political 
party, upon the face of the returns, if he 
so desires, and may, in said county or 
any of the precincts thereof as to the 
office for which he was a candidate con¬ 
test the election in such county or pre¬ 
cinct by filing with the clerk of the 
county court, except in the case of can¬ 
didates for the nomination for State, 
Congressional and Senatorial offices and 
for the office of county judge, a petition 
in writing, setting-forth the grounds of 
contest, which petition shall be verified 
by the affidavit of the petitioner or 
other person, and which petition shall 
be filed within five (5) days after the 
completion of the canvass of the re¬ 
turns. The contestant shall also file 
with the canvassing board, which can¬ 
vasses the returns for such nomination 
(and if for the nomination for an office, 
certified tabulated statements of the 
returns of which are to be filed with the 
Secretary of State), also with the county 
canvassing board, a notice of the pen¬ 
dency of the contest. In the case of a 
contest for the nomination for State, 
and Congressional offices and for the 
office of county judge, said petition shall 
be filed in the office of the clerk of^the 
circuit court .\ 


53 


_.Authority and jurisdiction are hereby 

vested in the county court or in the 
judge thereof in vacation, or in the cir¬ 
cuit court or in the judges thereof in 
vacation, as the case may be, to hear and 
determine primary contests. When a 
petition to contest a primary shall be 
filed in the office of the clerk of the 
court, said petition shall forthwith be 
presented to the judge thereof, who 
shall note thereon the day of presenta¬ 
tion, and shall also note thereon the day 
when he will hear the same, which shall 
not be more than five (5) days there¬ 
after, and shall order issuance of sum¬ 
mons to each defendant named in the 
petition. 

Summons shall forthwith issue to 
each defendant named in the petition 
and shall be served in the same manner 
as is provided in cases in chancery. 
Summons may be issued and served in 
any county in the State. The case may 
be heard and determined by the county 
or circuit court in term time, or by the 
judges thereof in vacation, at any time 
not less than three (3) days after ser¬ 
vice of process, and shall have preference 
in the order of hearing to all other cases. 
The petitioner shall give security for all 
costs. 

If, in the opinion of the court, in 
which the petition is filed, the grounds 
for contest alleged are insufficient in 
•law, the petition shall be dismissed. If 
the grounds alleged are sufficient in law, 
the court shall proceed in a summary 
manner and may hear evidence, ex¬ 
amine the returns, recount the ballots 
and make such orders and enter such 
judgment as justice may require. The 
court shall ascertain and declare by a 


54 


decree,’'.asnn'chancery^ to ,be entered'fof 
record in the proper court, the resulC'of 
such election in the territorial area for 
which the contest is made. The judg¬ 
ment of the court shall be final. A cer¬ 
tified copy of said decree shall forthwith 
be made by the clerk of the court and 
transmitted to the board canvassing the 
returns for such office; and in case of 
contest, if for nomination for an office, 
tabulated statements of returns for 
which are filed with the Secretary of 
State, also in the office of the county 
clerk of the proper county. The proper 
canvassing board, or boards, as the 
case may be, shall correct the returns 
or the tabulated statement of returns in 
accordance with said decree. 

Sec. 63. [Independent Candidates.] 
Nothing in this Act contained shall be 
construed to prevent the nomination of 
independent candidates by petition, as 
is now or may hereafter be provided by 
law. 

Sec. 64. [Liquor—Penalty.] No 
spirituous, malt, vinous or intoxicating 
liquor shall be sold or given away, nor 
shall any saloon, bar room or place where 
such liquor is sold or given away be open 
during the holding of any primary. 
Whoever violates the provisions of this 
section shall be fined in a sum not less 
than twenty-five (25) nor more than one 
hundred (100) dollars. It shall be the 
duty of the sheriff, constable, coroner 
and other officers of the county, the 
magistrates and mayors of cities to see 
that the provisions of this section are 
enforced. 


55 


Sec. 65 [False Swearing Deemed 
Perjury.] If any person whose vote is 
challenged, or any witness sworn un¬ 
der the provisions of this Act, shall 
knowingly, wilfully and corruptly swear 
falsely, he shall be deemed guilty of 
perjury and on conviction thereof shall 
be punished accordingly. 

Sec. 66. [Illegal Voting—Brib¬ 
ery, Etc.—Penalty.] (1) Whoever 
unlawfully votes more than once at any 
primary or offers to vote after having 
once voted at such primary, or knowing 
that he is rot a qualified elector at a 
primary, wilfully votes at such primary, 
shall, on conviction thereof, be fined in 
a sum not exceeding one thousand (1000) 
dollars, or imprisoned in the county jail 
not exceeding one (1) year, or both in 
the discretion of the court. 

(2) Whoever wilfully aids or abets 
any one not legally qualified to vote at 
a primary in voting or attempting to 
vote at such primary; or, 

(3) By unlawful means prevents or 
attempts to prevent any primary elec¬ 
tor from attending or voting at a pri 
mary; or, 

(4) Gives or offers to give any 
valuable thing or bribe to any judge or 
clerk of a primary, as a consideration of 
some act to be done or omitled to be 
done contrary to his official duty in re¬ 
lation to such primary, shall, on convic¬ 
tion thereof, be fined in a sum not ex¬ 
ceeding one thousand (1000) dollars or 
imprisoned in the county jail not ex¬ 
ceeding one (1) year, or both, in the dis¬ 
cretion of the court; any judge or clerk 
who 1 ?'shall receive, requestor demand 

56 


any bribe or reward "forbidden byjthis 
Act shall, on conviction, be liable to 
the same penalties as prescribed in this 
Act for giving or offering to give [such 
bribe or reward. 

Sec. 67. £ [Bribery-Defined—Prose¬ 
cution—Penalty.] (1) Any person who 
shall solicit, request, demand or receive 
directly or indirectly, any money, in¬ 
toxicating liquor or other thing of value 
or the promise thereof, either to influ¬ 
ence his vote, or to be used, or under the 
pretense of being used to procure the vote 
of any other person or persons or to be 
used at any poll or other place prior to 
or on the day of a primary for or against 
any candidate for office, or for or against 
any measure or question to be voted up¬ 
on at such primary, shall be deemed 
guilty of the infamous crime of bribery 
in primaries, and upon conviction there¬ 
of in any court of record, shall be sen¬ 
tenced to disfranchisement by the judge 
of such court for a term of not less than 
five and not more than fifteen years, 
and to the county jail not less than three 
months or more than one year, and to 
pay the cost of prosecution and stand 
committed to the county jail until such 
costs are fully paid. That for a con¬ 
viction of a second offense under this 
section, the first being alleged and prov¬ 
en, such offender shall be by sentence 
of the court forever thereafter disfran¬ 
chised and deprived of the right to vote 
at a primary in this State, and be im¬ 
prisoned in the county jail not less than 
one year, and be committed to jail 
in default of the payment of costs of 
prosecution until such costs are fully 
paid. Prosecutions may be had under 

'157 


this section byindictment in the circuit 
court, or by information in the county 
courts, and the effect of a sentence of 
disfranchisement in either of said courts, 
both having jurisdiction of offenses 
hereunder, shall be to deprive such per¬ 
sons sentenced to [of] the right to vote 
at any primary within this State for a 
period of time fixed by the court where 
such person shall be convicted under 
this section. Any candidate or other 
person paying, furnishing or promising 
to pay or furnish, or bribing such person 
with money, intoxicating liquor or any 
other thing of value, or the promise 
thereof, shall not be liable to punish¬ 
ment therefor, but shall be a competent 
witness and compelled to testify in 
prosecutions under this section. Solici¬ 
tations of any person, or a loan of money 
or the purchase of anything of value, or 
any other subterfuge shall be deemed a 
violation thereof. 

(2) Any person who shall have been 
legally convicted and disfranchised by a 
court of competent jurisdiction, who 
shall, before the expiration of his term 
of disfranchisement, vote or offer to 
vote at any primary within this State 
shall, upon indictment and conviction 
thereof in a court of'competent jurisdic¬ 
tion, be confined in the penitentiary 
for’ a term of years not less than one 
nor more than ten years. 

Sec. 68. [Disorderly Conduct— 
Penalty.] Whoever is disorderly at a 
primary shall forfeit a sum not exceed¬ 
ing twenty-five (25) dollars. 

Sec, 69. [Wagers—Penalty.] Who¬ 
ever bets or wagers any money, property 


58 


or other valuable thing upon the result 
of the primary, or bets or wagers money, 
property or other valuable thing upon 
the number of votes which may be given 
to any person at a primary, or shall re¬ 
ceive the greatest number of votes at a 
primary, or agrees to pay any other per¬ 
son any money, property or other valu¬ 
able thing in the event that a primary 
shall result in one way, or in the event 
that any person shall or shall not. be 
nominated or shall receive a greater 
number of votes than others, upon con¬ 
viction thereof shall be fined in a 
sum not exceeding one thousand (1000) 
dollars, or imprisoned in the county 
jail not exceeding one year, or both, in 
the discretion of the court. 

Sec. 70. [Offenses op Judge—Pen¬ 
alty.] (1) If any judge of a primary 
shall permit a person to vote whose vote 
is challenged, without the proof required 
in this Act; or, 

(2) Shall knowingly and wilfully 
permit a person to testify as a witness 
contrary to the provisions of this Act; 
or, 

(3) Shall knowingly permit a person 
to vote who is not qualified according 
to law; or, 

%(4) Shall knowingly receive and 
count more than one vote from the same 
person at the same primary for the same 
office, except as allowed by law; or, 

(5) Shall refuse to receive the vote 
of a qualified primary elector at such 
primary, who will make the affidavit of 
and proof required by this Act; or, 

(6) Shall be guilty of any fraud, 
corruption or manifest misbehavior; or, 

593 


(7) Shall open or unf old^an y ballot 
when the same is presented to be de¬ 
posited in the ballot box; or, 

(8) Shall wilfully neglect to perform 
any of the duties required of him by 
this Act; shall, on conviction thereof, 
be fined in- a sum not exceeding one 
thousand (1000) dollars, or imprisoned 
in the county jail not exceeding one 
year, or both, in the discretion of the 
court. 

Sec. 71. [Disclosing How Elector 
Voted — Penalty.] Tf any person wil¬ 
fully or corruptly ascertains, publishes 
or reveals how a primary elector voted 
at a primary, he shall, on conviction 
thereof be fined in any sum not exceed¬ 
ing one thousand (1000) dollars, or im¬ 
prisoned in the county jail not exceed¬ 
ing one year, or both, in the discretion 
of the court.* 

Sec. 72. [Offenses of Clerk— 
Penalty.] If any clerk of a primary 
shall wilfully neglect to perform any 
duty required of him as primary clerk, 
or shall be guilty of fraud, corruption 
or misbehavior, he shall, on conviction 
thereof, be fined in a sum not exceeding 
five hundred (500) dollars, or imprison¬ 
ed in the county jail not exceeding six 
months, or both, in the discretion of the 
court. 

Sec. 73. [Failure to Deliver Re¬ 
turns, Etc.—Penalty.] If any judge, 
clerk or messenger, after having been 
deputed by the primary judges to carry 
the primary poll books, tally sheets and 
returns of such election to the place 
where by law they are required to be 


60 


canvassed, wilfully or negligently fails 
to deliver such primary poll books, tally 
sheets or returns within a time pre¬ 
scribed by law, with the seal unbroken, 
he shall, upon conviction thereof, be 
fined in a sum not exceeding five hun¬ 
dred (500) dollars or imprisoned in the 
county jail not exceeding six months, 
or both, in the discretion of the court. 

Sec. 74. [Neglect or Refusal of 
Clerk—Penalty.] If any county, 
city or town clerk wilfully refuses to per¬ 
form any duty required of him by this 
Act, he shall, upon conviction thereof, 
be fined in a sum not exceeding five 
hundred (500) dollars and shall be liable 
to the person injured by reason of such 
neglect or refusal in an amount not ex¬ 
ceeding five hundred (500) dollars, to be 
recovered in an action on the case. 

Sec. 75. [Offenses in Canvassing 
Returns—Penalty.] If any person 

• whose duty it is to canvass the returns 
or make a tabulated statement thereof, 
shall be guilty of fraud, corruption or 
misbehavior in not canvassing the re¬ 
turns or making a tabulated statement 
thereof, he shall, upon conviction, be 
fined in any sum not exceeding five hun¬ 
dred (500) dollars or be imprisoned in 
the county jail not exceeding one year, 
or both, in the discretion of the court. 

Sec. 76. [Stealing or Defacing 
Returns—Penalty ] Whoever shall 
wilfully and wrongfully take or carry 
away from the place where it has been 
deposited for safe keeping, or deface, 
mutilate or change any primary poll 
book, tally sheet or ballot, or any name 
•>r figure therein, shall, upon conviction 




thereof, be fined in a sum not exceeding 
one thousand (1,000) dollars or im¬ 
prisoned in the county jail not ex¬ 
ceeding one year, or both, in the dis¬ 
cretion of the court. 

Sec. 77. [False Entries, Etc.— 
Penalty.] Any person or member of a 
board or any primary judge, clerk or 
other officer who is guilty of stealing, 
wilfully and wrongfully breaking, de¬ 
stroying, mutilating, defacing, falsify¬ 
ing, or unlawfully moving or secreting 
or detaining the whole or any part of 
any ballot box, or any record, primary 
poll book, tally sheet, or copy thereof, 
oath, returns, or any other paper or 
document provided for in this Act, or 
who shall fraudulently make any entry 
erasure or alteration therein, except as 
allowed and directed by the provisions 
of this Act, or who permits any other 
person so to do shall, upon conviction 
thereof, be fined in a sum not exceeding 
one thousand (1,000) dollars, or im¬ 
prisoned in the county jail not exceed¬ 
ing one year, or both, in the discretion 
of the court. 

Sec. 78. [Other Violations—Pen¬ 
alty.] If any person shall commit any 
act prohibited herein or refrain from 
doing any act or duty required to be 
done herein, and if any person shall in 
any manner be guilty of a violation of 
this Act, whether the same is denomi¬ 
nated an offense or not, and for which 
no punishment is herein specially pro¬ 
vided, such person shall, upon convic¬ 
tion thereof, be fined in a sum not less 
than twenty-five (25) nor more than 
one hundred (100) dollars, or im- 


62 


prisoned in the county jail not exceed¬ 
ing one year, or both, in the discretion 
of the court. 

Sec. 79. [Repeal.] An Act entitled 
“An Act to regulate primary elections of 
voluntary political associations and to 
punish frauds therein,” approved June 
6, 1889, in lorce July 1, 1889; au Act 
entitled “An Act providing for primary 
elections of delegates to nominating 
conventions of political parties or asso¬ 
ciations, and to provide for the purity 
thereof,” approved April 24, 1899, in 
force July 1, 1899; an Act entitled “An 
Act providing for primary elections of 
delegates to nominating conventions of 
political parties or associations and to 
promote the purity thereof by regulat¬ 
ing the conduct thereof and to support 
the privileges of free suffrage thereat 
by prohibiting certain acts and practices 
in relation thereto and providing for the 
punishment thereof.” approved and in 
force February 10, 1898, as amended by 
an Act approved May 11, 1901, in force 
July 1, 1901; “An Act to provide for the 
holding of primary elections by political 
parties,” approved February 21, 1908, 
in force July 1, 1908, and all other Acts 
and parts of Acts inconsistent with this 
Act are hereby repealed. 

Sec. 80. [Invalidity.] That the in¬ 
validity of any portion of this Act shall 
not affect the validity of any other 
portion hereof, which can be given effect 
without such invalid part. 

Approved March 9, 1910. 

In Force July 1, 1910. 


63 








LEGISLATIVE 
PRIMARY ELECTION 
LAW. 


An Act to Provide for the Holding 
of Primary Elections by Political 
Parties for the Nomination of 
Members of the General Assembly 
and the Election of Senatorial 
Committeemen. [Approved March 
9, 1910. In Force July 1 , 1910.] 


Section 1. [Nominations for Mem¬ 
bers of General Assembly—Senator¬ 
ial Committeemen.] Be it enacted by the 
People oj the State of Illinois represented 
in the General Assembly: The nomina¬ 
tion of all candidates for members ot 
the General Assembly by all political 
parties, and the election of senatorial 
committeemen, as defined in section 2 
of this Act shall be made in the manner 
provided in this Act and not othenvise. 

The name of no person, nominated by 
a party required hereunder to make 
nominations of candidates for members 
of the General Assembly shall be placed 
upon the official ballot to be voted at 
the election to be held the first Tuesday 
after the first Monday in the month 
of November, A. D 1910, as a candidate 
unless such person shall have been nomi¬ 
nated for such office under the provisions 
of this Act, and all nominations made 
prior to July 1, A. D. 1910, of candidates 


65 





for such office to be voted for at said 
election are hereby declared of no effect, 
and no nomination for any such office 
made prior to July 1, A. D. 1910, shall 
entitle any person so nominated to have 
his name placed upon the official ballot 
to be voted at said election. 

. 

Sec. 2. [Political Party Defined.] 
The term “political party” as used in 
this Act shall mean a political party 
which, at the next preceding election for 
Governor polled at least two per cent 
of the entire vote cast in the State 

Sec. 3. [Words and Phrases.] The 
following words and phrases in this Act 
shall, unless the same be inconsistent 
with the context, be construed as 
follows: 

(1) The words “senatorial office” or 
“senatorial officer,” State Senator and 
Representatives in the General Assem¬ 
bly. 

Sec. 4. [Dates of Primaries.] A 
primary shall be held on the second 
Tuesday in April in every year except 
the year A. L>. 1910, in which year a 
primary shall be held on the 15th day of 
September, A. D. 1910, in which officers 
are to be voted for on the first Tuesday 
after the first Monday in November of 
such year, for the nomination of candi¬ 
dates for members of the General As¬ 
sembly, and shall be known as the April 
primary: Provided , however , that 

wherever in this Act the term “April 
primary” or equivalent words shall 
appear, such term or such words shall 
be construed, as to the primary held in 
September, A. D. 1910, to refer to and 


66 


govern such primary so held in Sep¬ 
tember, A. D. 1910. 

Sec. 5. [Senatorial Committee— 
How Elected.] There shall be con¬ 
stituted a senatorial committee for each 
senatorial district: Provided , however , 
that nothing herein contained shall pre¬ 
vent a political party from electing or 
appointing in accordance with its prac¬ 
tice any other committees. 

The senatorial committee pf each 
political party shall be elected as‘follows: 

(a) In senatorial districts com¬ 
prised of three or more counties, the 
senatorial committee shall be composed 
of one member elected from each county 
of such senatorial district. 

At the September primary held in the 
year A. D. 1910, and at the April pri¬ 
mary held every two years thereafter, 
each primary elector may vote for one 
candidate of his party residing in his 
county for members [member] of the 
senatorial committee of his party. 

(b) In senatorial districts comprised 
of two counties, the senatorial com¬ 
mittee shall be composed of three mem¬ 
bers, two of whom shall be elected from 
the county in which such political party 
at the general election for State and 
county officers then next preceding a 
primary polled the larger number of 
votes in such senatorial district, and 
one of whom shall be elected from the 
other county of such senatorial district. 

- At the September primary held in the 
year A. D. 1910, and at the April pri¬ 
mary held every two years thereafter, 
each primary elector, residing in a 
county in which such political party at 
the'general election for State and county 

67 



officers then next preceding a primary 
polled the larger number of votes in 
such senatorial district, may vote for 
two candidates of his party, residing in 
his county, for members of the senatorial 
committee of his party (and at such pri¬ 
mary in the other county of such sena¬ 
torial district, each primary elector 
may vote for one candidate of his party) 
residing in his county for member of the 
senatorial committee of his party. 

(c) In senatorial districts composed of 
one county, and in senatorial districts 
wholly within the territorial limits of 
of one county, or partly within the 
territorial limits of one county and 
partly within the territorial limits of 
another county, the senatorial commit¬ 
tee shall be composed of three members 
elected from such senatorial district. 

At the September primary held in the 
year A. D. 1910, and at the April pri¬ 
mary held every two years thereafter, 
each primary elector may vote for three 
candidates of his party, residing in such 
senatorial district, for members of the 
senatorial committee of his party. 

Within thirty days after its election, 
the senatorial committee shall meet and 
proceed to organize by electing from 
among its own number a chairman, and 
either from its own number or other¬ 
wise, such other officers as said com¬ 
mittee may deem necessary or exped¬ 
ient. The outgoing chairman of the 
senatorial committee of the party shall 
notify the members elected of the time 
and place (which shall be in the limits 
of such senatorial district) of such meet¬ 
ing. 


68 


Sec. 6. [Existing Party Commit¬ 
tees Recognized — Petition — Num¬ 
ber of Signers ] The various politi¬ 
cal party committees now in existence 
are hereby recognized and shall exer¬ 
cise the powers and perform the duties 
herein prescribed until committeemen 
are chosen, in accordance with the pro¬ 
visions of this Act. The name of no 
candidate for nomination or senatorial 
committeeman shall be printed upon 
the primary ballot unless a petition for 
nomination shall have been filed in his 
behalf as herein provided. 

All petitions for nomination shall be 
signed as follows: 

(a) If for a senatorial office, by at 
least one-half of one per cent of the 
qualified primary electors of his party 
in his senatorial district. 

(b) If for senatorial committeeman, 
by at least ten of the primary electors 
or his party of the county where the 
senatorial district is co-extensive with 
one county or is composed of more than 
one county; but in case the senatorial 
district is wholly within the territorial 
limits of one county, or partly within 
the territorial limits of one county and 
partly within the territorial limits of 
another county, then such petition 
shall be signed by at least ten (10) of 
the primary electors of his party of 
his senatorial district. 

In determining the total numbers 
[number] of names necessary to consti¬ 
tute a valid petition for a candidate for 
nomination for a senatorial office as re¬ 
quired by this section, the test shall be 
one-half of one per cent of the total vote 
cast by his party for Governor in the 


69 


senatorial district at the election for 
Governor then next preceding the prim¬ 
ary. 

Sec. 7. [Petition—Filing—With¬ 
drawal.] All petitions for nomina¬ 
tion shall be filed as follows: 

(1) Where the nomination is made 
for a senatorial office such petition for 
nomination shall be filed in the office of 
the Secretary of State, not more than 
60 and not less than 30 days prior to the 
date of the primary. 

(2) The petitions of candidates for 
senatorial committeemen shall be filed 
in the office of the county clerk not more 
than 60 and not less than 30 days prior 
to the date of the primary. 

(3) The Secretary of State and the 
various clerks with whom such petitions 
for nomination are filed shall endorse 
thereon the day and hour.xm which each 
petition was filed. 

(4) Any person for whom a petition 
for nomination or for senatorial com¬ 
mitteemen has been filed may cause his 
name to be withdrawn in writing signed 
by him duly acknowledged before an 
officer qualified to take acknowledg¬ 
ments of deeds and filed in the office of 
the Secretary of State not less than 25 
or with the proper clerk not less than 
12 days prior to the day of the primary, 
and no names so withdrawn shall be 
certified by the Secretary of State to the 
county clerk or printed on the primary 
ballot. 

Sec. 8. [Certificate to County 
Clerk.] Not less than twenty (20) 
days prior to the date of the primary, 
the Secretary of State shall certify to 


70 


the county clerk of each county the names 
of all candidates for senatorial officers 
[offices] as specified in the petitions for 
nominations on file in his office which 
are to be voted for in such county' stat¬ 
ing in such certificates the political 
affiliation of each candidate for nomi¬ 
nation as specified in said petition The 
Secretary of State shall, in his certificate 
to the county clerk, certify to said 
county clerk the names of the candi¬ 
dates in the order in which said names 
shall appear upon the primary ballot, 
said names to appear in the order in 
which petitions shall have been filed in 
the office of the Secretary of State 

Sec. 9. [Ballots—By Whom 

Printed—Names.] The county clerk 
of each county or the Board of Flection 
Commissioners, as the case may be. 
shall prepare and cause to be printed 
the primary ballot of each political 
party for each precinct in his respective 
county and the names of all candidates 
provided in this Act which are certified 
to the office of the coupty clerk by the 
Secretary of State and of all candidates 
for senatorial committeeman whose 
petitions have been filed in said office 
shall be placed on the same ballot as 
candidates for other offices for nomina¬ 
tions to be voted for at the same pri¬ 
mary election properly arranged, how¬ 
ever, under the name of each office. 
Below the name of the office of Repre¬ 
sentative in the General Assembly shall 
be printed in small letters the directions 
to the voters," vote for one, two or three. 

Sec. 10. [Names on Ballot — Or¬ 
der] The Secretary of State shall in his 


71 




certificate to the county clerk certify to 
said county clerk the position which the 
names of candidates for senatorial officers 
[offices] shall occupy upon the primary 
ballot with reference to the position of 
candidates for other offices. The names 
of the candidates for senatorial com¬ 
mitteemen shall, under the proper head¬ 
ing, be placed on the primary ballot 
immediately after the names of the can¬ 
didates for senatorial offices, in the 
order in which their petitions were filed 
in the office of the county clerk. 

Sec. 11. Representatives in Gen¬ 
eral Assembly—Number —How Vot¬ 
ed For.] At least thirty-three (33) 
days prior to the date of the April pri¬ 
mary the senatorial committee of each 
political party shall meet and, by reso¬ 
lution fix and determine the number 
of candidates to be nominated by their 
party at the primary for Representative 
in the General Assembly. A copy of 
said resolution duly certified by the 
chairman and attested by the secretary 
of the committee, shall within five days 
thereafter be filed in the office of the 
Secretary of State, and in the office of 
the county clerk of each county in the 
Senatorial district. 

In all primaries for the nomination 
of candidates for Representatives in the 
General Assembly each qualified primary 
elector may cast three votes for one 
candidate or may distribute the same 
or equal parts thereof among two candi¬ 
dates or three candidates as he shall see 
fit. And the said candidate or candi¬ 
dates for nomination highest in votes 
shall be declared nominated for the 
office to be filled 


72 


Sec. 12. [Canvass of Votes —How 
Counted.] The votes for the nomina¬ 
tion of candidates for Representative 
in the General Assembly shall be can¬ 
vassed in the following manner: 

(1) When a cross is placed in the 
squares preceding the names of three (3) 
candidates and the ballot for Repre¬ 
sentative in the General Assembly is not 
otherwise marked it shall be counted as 
one vote for each candidate. 

(2) When a cross is'plac^d in the 
squares preceding the names of two 
candidates, and the ballot for Repre¬ 
sentative in the General Assembly is not 
otherwise marked, it shall be counted as 
one and one-half (1£) votes for each of 
such candidates. 

(3) When a cross is placed in the 
square preceding the name of one can¬ 
didate, and the ballot for Representa¬ 
tive in the General Assembly is not 
otherwise marked, it shall be counted 
as three (3) votes for such candidate. 

(4) When the ballot has been so 
marked as to indicate the intention to 
cast more than three votes for the nomi¬ 
nation of candidates for Representa¬ 
tives in the General Assembly, such 
ballot shall not be counted for any of 
such candidates. 

The requisite number of persons re¬ 
ceiving the highest number of votes as; 
candidates of their party in any county, 
or senatorial district, as the case may 
be, for senatorial committeemen, shall 
be declared elected senatorial commit¬ 
teemen from such county, or senatorial 
district. 

If the primary elector marks more 
names upon the primary ballot than 

73 




there are persons to be nominated as 
candidates for State Senator or for 
senatorial committeeman, or if for any 
reason it is impossible to determine the 
primary electors’ choice of a candidate 
for the nomination for State Senator or 
senatorial committeeman, his primary 
ballot shall not be counted for the nomi¬ 
nation for such office or committeeman. 

Sec. 13. [Returns of Primary— 
Canvass, Certification, Tabulation.] 
Except as herein otherwise expressly 
provided, each, every and all of the pro¬ 
visions of any Act relating to the hold¬ 
ing of primary elections by political 
parties, passed by this extraordinary 
session of the General Assembly, and 
Acts hereafter passed amendatory there¬ 
of, shall, so far as the same may be ap¬ 
plicable, apply to and govern primary 
elections held under the provisions of 
this Act. The returns of such primary 
shall be made to the county clerk or 
board of election commissioners, as the 
case may be, and shall be canvassed and 
certified as other returns made to the 
county clerk or board of election com¬ 
missioners, as the case may be. The 
county canvassing board, or the board 
of election commissioners, as the case 
may be, shall issue a certificate of elec¬ 
tion to the requisite number of persons 
of each political party shown by the 
returns to be elected members of the 
senatorial committee 

Tabulated statements of the returns 
of the primary for the nomination of 
candidates for senatorial offices shall 
be made to the Secretary of State, can¬ 
vassed by the State Primarv Canvassing 
Board, proclamation of the’result there- 


74 


of made, and certificates of nomination 
issued,►as in the case of other tabulated 
statements of returns made to the Secre¬ 
tary of State, and the pains and penal¬ 
ties prescribed in the Acts last referred 
to shall apply to and govern all elections 
held under this Act. 

Sec. 14. [Independent Candidates.1 
Nothing in this Act contained shall be 
construed to prevent the nomination of 
independent candidates by petition, 
as is now or may hereafter be provided 
by law. 

Approved March 9, 1910. 

In Force July 1, 1910. 


75 


















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